Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 467, 468, 472, 474, 420 -- Discharge of accused - FIR lodged against company - After investigation, charge sheet submitted against Directors - Directors moved application for discharge on the plea that there was no allegation that they were executing the functions of the company - Application..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Sought on ground that bail was granted on misrepresentation of facts - But facts which are said to have been misrepresented have no bearing with the merits of the bail order - No apprehension of interference with course of justice or abuse of benefit of bail - Petition dismissed...........
Civil Procedure Code, 1908, Section 47, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Execution - Objection by third party claiming himself to be a direct tenant - Held, there in no compulsion on the part of the Executing Court to proceed in the matter only after framing of issues...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque Petition u/s 482 Cr.P.C. - Bifurcated territorial jurisdiction of High Court - Order passed by a Court falling within the functionally bifurcated territorial jurisdiction of Principal seat - Order can be challenged by maintaining appeal, revision or..........
Criminal Procedure Code, 1973, Section 482 -- Challenge against order closing evidence by order - Complaint u/s 138 N.I. Act - Petitioner granted numerous opportunities for leading defence evidence and he consumed about 3 years for leading evidence in defence after recording of his statement u/s 313 Cr.P.C. - Held, granting more opportunity would be abuse of process of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte eviction order - Setting aside - Substituted service allowed as premises found locked - Plea of tenant that as premises were locked as such summons sent at this address cannot be considered duly served - However, tenant in reply to notice specifically denied the allegation..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Criminal Procedure Code, 1973, Section 202, 156(3) -- Complaint case - Once Magistrate takes cognizance of an offence, he cannot order investigation under Section 156(3) - Section 156(3) is to be resorted to before taking cognizance, whereas Section 202 of the Code is to be invoked after cognizance is taken after the complaint but before issuance of process...........
Arbitration and Conciliation Act, 1996, Section 31(6), 34, Civil Procedure Code, 1908, Section 2(2) -- Interim award - Meaning of - Held, an interim award has to be in the nature of a part judgment and decree as envisaged u/s 2(2) of CPC and same must be such that it conclusively determines rights of parties on a matter in controversy in suit as is done in a final judgment..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Words like `traitor', `meanness', `ruled the roost', `dominance' and `grabbing mentality'- Order to be deleted by trial Court - Order upheld as the same are completely irrelevant, scandalous, frivolous and vexatious and the same relate to character which is not relevant in view of S.52 of Evidence..........
