Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Should ordinarily be continued till the trial of the case - Order granting anticipatory bail for a limited duration and thereafter directing the accused to surrender and apply before a regular bail is contrary to the legislative intention...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Procedure - After evaluating the averments nd accusation available on record if Court is inclined to grant anticipatory bail then an interim bail be granted and notice be issued to the public prosecutor - After hearing the public prosecutor Court may either reject the bail application or confirm the initial..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(e), Criminal Procedure Code, 1973, Section 197 -- Corruption case against Subordinate Judge - Full Court of High Court took final decision to prosecute the accused - Case recommended to Governor to accord sanction - Recommendation is binding on the Governor - Even otherwise in the instant case sanction was granted by..........
Civil Procedure Code, 1908, Order 9, Rule 3, 8 -- O.9.R.3 and rule 8 operate in different fields - If suit is dismissed U.O.9.R.3 CPC plaintiff has two options to either apply for setting aside dismissal or in the alternative to file a fresh suit subject to law of limitation - However, when suit is dismissed U.9.R.8 CPC plaintiff has a liberty to apply for setting aside..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of party in appeal - Specific performance of contract - Specific issue framed with regard to necessary party having not been impleaded - Suit dismissed on that ground - Plaintiff sought impleadment of party in appeal - Held, since trial of suit is complete, consequence of addition would involve a de novo trial,..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Contention that High Court had misread evidence with regard to presence of electric lights/connections at three places where murders had been committed and that court had ignored vital aspects in evidence while rendering its judgment with regard to six ghastly murders - Held, High Court's order was..........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, Civil Procedure Code, 1908, Section 11 -- Custody of minor child - Review/modification of consent order - Custody of minor child given to mother by way of consent order with visiting rights to father - Mother tutored child to make him hostile towards father and thus frustrated..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, 13 -- Rejection of plaint not disclosing any cause of action - A subsequent suit on the same cause of action is not barred - In case of rejection of plaint U.O.7.R.11 CPC which is appealable being a decree in terms of S.2(2) of CPC, the aggrieved party has two options, either to challenge the said order by way of..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Ad interim injunction - Enforcement of order - Court has ample power to enforce its order by even directing the District Authorities to do needful...........
Criminal Procedure Code, 1973, Section 319 -- An additional accused cannot be summoned for offence u/s 302, 201 IPC for giving certain wrong information to any person in order to save a culprit...........
