Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Accused already granted bail - Applicant was released on bail and thereafter no, bailable warrant was issued by trial court after forfeiting his bail bonds - Held, accused has a remedy to approach court for recalling order or may avail other remedy available at law - It is not a fit case in which provision..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction against the grant of retiral benefits to the defendant - Amendment sought seeking declaration that plaintiffs alone are entitled to be treated as legal heirs of deceased and all assets shall be given to them - Basis of amendment was denial of status of first defendant as the widow of..........
Criminal Procedure Code, 1973, Section 145 -- Order passed u/s 145 Cr.P.C. is subject to the ultimate decision of the suit filed in the civil court...........
Criminal Procedure Code, 1973, Section 145 -- Decision as to possession - Has some evidentiary value but same is not binding on a civil court - Question of title not to be gone into in proceedings u/s 145 Cr.P.C. - Civil Court can grant injunction inspite of an order passed u/s 145 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145 -- A decision by a criminal court does not bind the civil court while a decision by the civil court binds the criminal court - An order passed by Magistrate in proceedings u/ss 145, 146 Cr.P.C. is an order by a criminal court...........
Civil Procedure Code, 1908, Order 8, Rule 6-A, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 7 -- Counter-claim - Eviction petition - Written statement filed - Recovery of excess amount paid sought by way of counter claim - Quantum of rent to be decided at the final disposition - If there is any excess payment then Rent Controller shall consider passing..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 540 -- Summoning of witnesses - Closure of prosecution evidence - Prosecution permitted to examine investigating officer and doctor who are public functionaries - Court took no steps to summon these witnesses and closed evidence on account of their non examination - Held, there was no fault on the part of the..........
Criminal Procedure Code, 1973, Section 475, Navy Act, 1957, Section 3(13), 77, 78, Rule 3, 4, 5, 6, 7 - - Offence by Naval Staff - Lack of jurisdiction - Issue of - Held, issue of lack of jurisdiction of trial court can be taken up for first time before appellate court and it is required to be decided on merits - If it is found by appellate court that trial court lacked..........
Criminal Procedure Code, 1973, Section 173(2), 173(8), 190 -- Right reserved by Investigating Agency, in the ultimate paragraph of challan, to submit a report with respect to further investigation in due course - Cannot be held that an incomplete charge-sheet has been filed - No ground to quash order taking cognizance and summoning accused and to quash and set aside the..........
Criminal Procedure Code, 1973, Section 433(c) -- Pardon power - Judicial review - Granting of pardon is in no sense an overturning of a judgment of conviction - An undue and unjustified exercise of pardon power is to be deplored - Judicial review of the order of President or Governor under Article 72 or Article 161, as the case may be, is available and their orders can be..........
