Criminal Procedure Code, 1973, Section 439 -- Bail - Order granting bail without reasons - Non consideration of the relevant factors like nature of offence, evidence collected by prosecution and forming part of the charge sheet and circumstances under which offence was committed - Order granting bail set aside...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Discretion to be exercised in a judicial manner with care and caution - At the stage of granting bail an elaborate examination of evidence and detailed reasons touching merits of the case is not required - However, there is a need to indicate in the order reasons for prima facie concluding why bail was granted..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A -- Inherent powers - Exercise of - Held, inherent powers can be exercised by High Court to make such orders as are necessary to give effect to any order under the Code or to prevent abuse of process of any court or otherwise to secure ends of justice - It is further settled position of law that inherent powers..........
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 2 -- Compromise decree - Execution - Joint application filed by parties U.O.23.R.3 - Application signed by parties and supported by affidavits - Court mentioned in order that parties are bound by the terms and conditions of settlement and that joint settlement application is allowed and disposed of - Held, order..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of appellate court - Principles governing : (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and..........
Criminal Procedure Code, 1973, Section 156(3), 399, 401 -- Rejection of application u/s 156(3) Cr.P.C. - Revisional Court set aside the order - Opportunity of hearing not given to the prospective accused - Order set aside - Matter remitted for decision afresh after giving opportunity of hearing...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Procedure to be adopted by court - Held, normally in complaint cases filed u/s 138 of the Act when a complaint is filed, complainant is having a stake in the matter - Therefore, in absence of complainant, complaint should not be..........
Criminal Procedure Code, 1973, Section 389(1) -- Stay of conviction - Held, an order granting stay of conviction is not the rule but is an exception to be resorted to in rare cases depending upon facts of a case...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Ad interim injunction - Violation - Jurisdiction of Court passing order when challenged or doubted - Held, (i) Pending decision on the question of its jurisdiction to entertain suit, Civil Court has jurisdiction to pass interim orders or interim injunction, as the case may be; (ii) All the interlocutory orders passed in..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While granting bail Court should be satisfied whether there is a prima facie case - However, exhaustive exploration of the merits of the case is not necessary - Reasons for prima facie concluding need not to be indicated in the order...........
