Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, Copyright Act, 1957, Section 63 -- Pre-charge evidence - Closing of - Petitioner was given 14 opportunities for producing pre-charge evidence - He has failed to produce any pre-charge evidence - Held, when enough opportunities were given to petitioner and he has not been able to produce..........
Criminal Procedure Code, 1973, Section 82, 83 -- Issue of warrants of arrest and process u/ss 82 and 83 of Criminal Procedure Code against petitioner - Petitioner directed to appear before court below within 15 days from the date of order - Petitioner was prevented by sufficient means and unavoidable circumstances as he was suffering from urinary ailment much prior to..........
Indian Penal Code, 1860, Section 304B, Criminal Procedure Code, 1973, Section 374 -- Legality of conviction and sentence - Deceased died due to burn injuries within two years of marriage - Accused father in-law and mother in-law and two sisters in-law of deceased - Post mortem report revealed that deceased was burnt to 90% - Besides unlawful demand of dowry, accused..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Insufficiently stamped document - Admissibility - Document marked in evidence unopposed - Application U.O.13.R.4 CPC filed by petitioner to recall the said order marking document on the premise that document was insufficiently stamped rejected - Legality of - Held, application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Trial - Quashing of order summoning witness - Application filed by respondent/complainant u/s.311 Cr.P.C. was allowed whereby witness from Office of Registrar of Companies was allowed to be examined - Quashing of impugned order sought u/s.482 Cr.P.C. - Held,..........
Criminal Procedure Code, 1973, Section 167 -- Proviso - Right to bail - Charge sheet not filed within stipulated period - Accused moved application before Magistrate seeking release on bail and offered to furnish bail bonds - Held, if Magistrate fails to pass any order on bail application and keep the same pending and in the meantime charge sheet is submitted, the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Order passed in partition suit where by a Pleader Commissioner was appointed for Takhta Bandi - Material on record indicated that trial decree had already been passed on basis of preliminary decree after getting report of Pleader Commissioner - Plea of petitioner that he was not given any opportunity of..........
Civil Procedure Code, 1908, Order 21, Rule 90, Karnataka Land Revenue Act, 1964, Section 171 -- Auction sale - Setting aside of - Predecessors of petitioner were in arrears of land revenue - No public participated in auction and Tahsildar purchased property in favour of Govt. and sale deed got confirmed - Land allotted to several persons and rights of third parties have..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Application for compromise - There was clear stipulation that parties will file a second application for compromise - No such application was filed subsequently - Only defendants No.4 & 5 filed an application stating that the terms and conditions have been fulfilled - Plaintiff and defendant No.1 & 2 always appeared before..........
Criminal Procedure Code, 1973, Section 311 -- Complaint filed for offences u/s 447, 376 IPC - Prosecutrix filed application for summoning doctor who was not examined as a witness - Magistrate after considering pros and cons of the matter and also taking into account the objections raised on behalf of accused, allowed application for the just adjudication of the case -..........
