Criminal Procedure Code, 1973, Section 2(h), 468, 470 -- Investigation by police - Effect of lapse of time - Petitioner alleged to have committed an offence u/s 379 IPC - After being released on bail, accused absconding inspite of non bailable warrants and proceedings ultimately culminated into the order declaring him proclaimed offender u/ss 82 and 83 Cr.P.C. - Accused..........
Civil Procedure Code, 1908, Section 100A, 104, 114, Order 47, Rule 1 -- Application for review u/s 114 r/w O.47.R.1 CPC seeking review of order passed in LP - Held, even an order which is appealed against Order 43 Rule 1 read with Section 104 CPC cannot be assailed in LP in view of prohibition contained under Section 100-A of CPC which in its ambit and sweep covers an..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of mandatory injunction - In execution property of J.D. attached and put to sale - As no bidder gave bid for the property of J.D. as such Court ordered execution of decree by arrest of J.D. - Executing Court at the first instance opted for attachment of property of J.D. and when there was no buyer ordered..........
Criminal Procedure Code, 1973, Section 202(1), Indian Penal Code, 1860, Section 498A, 307, 406 -- Quashing of complaint and summoning order - Complaint filed at Kapurthala Court u/ss 498A, 307 and 406 of IPC - Accused residing at Bhawanigarh tehsil which was beyond the jurisdiction of concerned Magistrate - Magistrate issued summoning orders without complying mandatory..........
Criminal Procedure Code, 1973, Section 202(1), Indian Penal Code, 1860, Section 498A, 307, 406 -- Summoning order issued in a private complaint without complying provisions of S.210 of the CrPC - FIR lodged on the same facts and investigation pending - Held, it was incumbent upon the Magistrate to stay the proceedings in the complaint case and to await or call for the..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Application to set aside auction sale filed after expiry of statutory period of 60 days - Held, it would be barred by limitation - S.5 of Limitation Act not applicable to proceedings under order 21 CPC - Delay cannot be condoned...........
Criminal Procedure Code, 1973, Section 482 -- Power of High Court to quash criminal proceedings - Private complaint u/s 379 IPC - Revision before Sessions Judge challenging order issuing process - Revision withdrawn - Petition in High Court for quashing the complaint and proceedings arising therefrom - High Court dismissed petition directing petitioner to go before the..........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Attachment of shop - Joint possession - Petitioner claiming exclusive business in the shop in dispute whereas respondents No.2 & 3 claiming joint business - No documentary evidence to show that there was joint business in the shop - In case of joint possession and joint ownership no proceedings can be initiated by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Admitted case of appellants that they have already dismantled certain constructions as per suggestions of Advocate Commissioner by this Court - Trial Court had also made spot inspection and Court itself found that defendant-appellants had raised certain construction for stair case and had..........
Criminal Procedure Code, 1973, Section 433A, 433, 432, Constitution of India, 1950, Article 72, 161 -- Remission of sentence - Conviction upheld - Prayer for remission - Petition for remission dismissed - Held, accused may file petition with High Court if he is entitled to benefit of any rule or govt. order for remission of sentence or he can seek redress from appropriate..........
