Criminal Procedure Code, 1973, Section 319 -- Summoning of person as additional accused - Special Court constituted by High Court on direction of Apex Court for trial of Godhara riot cases - Witnesses deposed before said court, the role of accused in instigating who had indulged in arsoning, looting and murdering people of particular community - Peculiar facts and..........
Criminal Procedure Code, 1973, Section 244, 245, 246 -- Statutory presumption u/s 57 - Offence u/s 51 of the Act - Procedure to be followed is one prescribed for trial of warrant case, instituted otherwise than on police report - Charge framed after examining witnesses - Order of Magistrate permitting accused to cross-examine those witnesses produced at pre-charge stage..........
Criminal Procedure Code, 1973, Section 145 -- Magistrate has no power to pass an interim order of status quo...........
Criminal Procedure Code, 1973, Section 145, 146 -- Police submitted report regarding existence of situation likely to cause breach of peace due to dispute regarding possession of properties - Magistrate after issuing notice to both the parties, prohibited them from using properties and directed them to maintain status quo - Held, under section 145 Cr.P.C. no interim order..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 98, 99, 100, 101 -- Appellate court refused to admit appeal against order of Executing Court rejecting petitioners application filed U.O.21.R.101 CPC - Petitioner filed writ impugning the validity of order of Appellate court - Held, order passed U.O.21.R.98 CPC is a deemed decree within..........
Criminal Procedure Code, 1973, Section 204, 397, 482 -- Order summoning accused - No revision maintainable against said order - Proper remedy is to file petition u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Order of investigation u/s 156(3) Cr.P.C. - Investigating agency cannot transfer FIR to another police station on the premise that the offence had been committed beyond its territorial jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - If a person who is likely to suffer from the order of the Court and has not been impleaded as a party has a right to ignore the said order as it has been passed in violation of the principles of natural justice...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Setting aside abatement - Ex parte order - Setting aside of - No notice of appeal was sent to respondents despite the fact that order of their substitution had been passed ex parte - Held, that by itself is not a ground for setting aside the judgment of first Appellate Court because a brother of deceased, who was joint owner..........
Criminal Procedure Code, 1973, Section 482, 362 -- Revision - Finally disposed on merits by High Court - Court cannot review such order by invoking its inherent powers - Court can review its own final order only for the limited purpose stated in S.362 of the Code or when the judgment is obtained by fraud...........
