Civil Procedure Code, 1908, Order 21, Rule 72 -- Execution - Granting permission to D.H. to give the bid - None came forward to give the bid as such Executing Court allowed D.H. to give the bid at the time of auction of the property - Order upheld...........
Criminal Procedure Code, 1973, Section 446 -- Surety - Forfeiture of bond - Before issuing recovery warrant show cause notice is mandatory - Recovery warrant without issuing show cause notice set aside - Matter remitted back for providing the appellants reasonable opportunity of hearing and opportunity to show cause and to pass appropriate order...........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Conviction - Appeal - Suspension of sentence - Complainant turned hostile and admitted that applicant had not demanded any bribe - Trap money was provided by advocate of ship breaking companies which were aggrieved by levy of huge amount of tax - Trap..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Refusal to accept service of summons - Bailable warrants issued - Witness still not present - Non bailable warrants issued - Report of refusal of non bailable warrants - Court instead of initiating action with regard to the attachment of his property ordered closure of evidence - Impugned order set aside - Trial..........
Criminal Procedure Code, 1973, Section 228 -- Discharge of accused - Petitioner has never been alleged to have held out threat with a declaration of an intention to inflict injury to a person reputation or property of an individual or group of individual nor petitioner has been alleged to have insulted respondent No.2 with an intend to provoke breach of peace - Held,..........
Criminal Procedure Code, 1973, Section 169, 170, 362 -- Discharge of accused - Re-opening of case - Superintendent of Police replaced investigating officer by other police officer to investigate the case - New investigating officer on taking over investigation sought for addition of some more offences to be charged against petitioner - New investigating officer moved Chief..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope - Power of review is available in the event of discovery of new and important matter or evidence which despite exercise of due diligence was not within the knowledge of the applicant or could not be produced at the time when order was made - Review application is also maintainable when order is..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Not an appeal in disguise - Review court does not sit in appeal over its own order - A re-hearing of the matter is impermissible in law - It constitutes an exception to the general rule that once a judgment is signed or pronounced, it should not be altered - It is also trite that exercise of inherent..........
Criminal Procedure Code, 1973, Section 428, 427 -- Conviction in two cases - It is for the Court to decide whether the sentence in two different cases conviction should merge into one period or not - If no order is passed then two sentences will run one after the other...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment at appellate stage - Plaintiff only sought further elucidation of facts stated in the original plaint - Parties knew the case for which they are contesting and not surprised about any fact by way of amendment - No interference in order allowing amendment...........
