Criminal Procedure Code, 1973, Section 439 -- Robbery - Bail - Grant of - Applicant has been granted bail by another Bench of High Court for offences punishable u/ss 307 IPC and 12/14 U.P.Dacoity Affected Area Act in crime relating to incident in which recovery of Rs.10 lac of robbery is said to have been made from applicant - Held, applicant cannot claim parity in present..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97, 90 -- Execution - Objections - Res judicata - Objections U.O.21.R.90 CPC dismissed on the ground that remedy is already sought by filing a civil suit therefore there is no reason to implead as a party in the execution application - Objections filed U.O.21.R.97 - Held, order does not constitute res judicata insofar..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Lower Appellate Court while allowing application held that the documents sought to be produced are required by the Court to deal with the controversy in an effective and judicious manner and these documents will certainly help the court in adjudicating the controversy in just and fair..........
Criminal Procedure Code, 1973, Section 248(2) -- Quantum of sentence - Crimes relating to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency which have great impact on social order, and public interest, per se require exemplary treatment - Any liberal attitude or taking..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment sought at appellate stage - Suit for specific performance - By amendment relief of possession sought - Recovery of possession of property is an ancillary relief - Relief which is omitted can be claimed at any stage of the proceedings - Order allowing amendment, upheld...........
Prevention of Food Adulteration Act, 1954, Section 16, 17, Criminal Procedure Code, 1973, Section 433 -- Conviction under POFA Act - Accused sentenced to six months RI - High Court imposed fine of Rs.6, 000/- and commuted the sentence - Order of High Court set aside - High Court cannot commute the sentence - Accused may move the Govt. to commute the sentence of..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Order of High Court unreasoned - Reasons must be given in support of the conclusions arrived in a judgment - Reasons introduce clarity in an order - Reasons howsoever brief in order is indicative of an application of mind - Impugned order without reasons set aside and matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Presence of counsel is presence of party - When a party is present and no evidence is led on the adjourned date of hearing then Court is to proceed under rule 3 and not under 2 of order 17 - Order of trial Court proceeding under rule 3 upheld...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Scope and object - O.17.R.2 applies where a party fails to appear on an adjourned date - R.3 applies where a party fails to adduce evidence or perform other duty - Two situations are visualized under R.3 viz. (a) when the parties are present, and (b) when the parties or any of the party is not present - As per provision of..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court has power to review the entire evidence - An order of acquittal will not be interfered with when judgment of trial Court is based on evidence and the view taken is reasonable and plausible and order of trial Court not to be reversed merely because a different view is possible...........
