Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 453, 506 - - Quashing of FIR - FIR registered against petitioner on basis of order passed by District Magistrate, while exercising powers under the Punjab Act - Held, said order is without any jurisdiction and authority in law for reason that said Act is not applicable to the State of Haryana in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Validity of final order passed in revision can be questioned in second appeal and principles of res judicata would not apply...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Application U.O.7.R.11 CPC seeking same relief was dismissed - Once that is so, there is no error in the order dismissing the application U.O.6.R.17 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - The Principle of res-judicata comes into play when by judgment and order a decision of a particular issue is implicit in it, that is, it must be deemed to have been necessarily decided by implications even then the Principle of res-judicata on that issue is directly applicable - When any matter which might and ought..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Order passed U.O.9.R.4 is not subject to any appeal...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 304B, 498A -- Appeal against acquittal - Powers of appellate Court - Conviction of accused for offence u/ss 304-B, 498-A IPC by High Court by reversing order of acquittal - Where the view taken by Trial Court upon appreciating evidence on record is possible and plausible view, High Court cannot..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Restoration - Court had already taken cognizance, summoned the accused, framed the charge and complainant filed his own affidavit - Case was fixed for cross examination of complainant and accused sought two adjournments for cross..........
Criminal Procedure Code, 1973, Section 82 -- Resort to provision of S.82 Cr.P.C. - Mandatory and essential to afford opportunity to the accused to appear within 30 days from the date of publication of proclamation - Non compliance of this mandatory provision - Proclamation order set aside...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - If the trial court decides to frame charge, there is no legal requirement that he should pass an order specifying the reasons as to why he opts to do so...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Mutation sanctioned showing Karta civily dead - Mutation does not confer any right - Unless it is finally decided by a competent Court of jurisdiction that Karta is civily dead it cannot be held that Karta is civily dead - Order granting injunction, upheld...........
