Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Tenancy admitted - Amendment cannot be allowed to deny such status and setting up title in himself - Admission cannot be allowed to be withdrawn except under extra ordinary circumstances - No such extra ordinary circumstances - Order dismissing application, upheld...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - At the stage of taking cognizance Magistrate must apply his judicial mind to the FIR and the investigating report as well as the 161 statement to find out as to whether any case is made out against the accused and if so, under which provision of the Indian Penal Code - Non application of judicial mind as cognizance..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Disposing of application without issuance of notice to the appellants - Appellants prejudiced by the impugned order - Impugned order set aside - Matter remitted to High Court for decision afresh...........
Criminal Procedure Code, 1973, Section 133 -- Nuisance - Order passed by SDM in proceedings u/s 133 of the Code - Held, if the affected party has grievance qua the validity of the order passed u/s 133 of the Code, he may take recourse to the remedy available to him in the form of an appeal or revision - Aggrieved party cannot validly file a civil suit against the order..........
East Punjab Urban Rent Restriction Act, 1949, Section 12, Civil Procedure Code, 1908, Section 151 -- Rent Controller authorising landlord to put up a construction above the top floor - Rent Controller does not have jurisdiction to grant any such permission - Rent Controller can only allow repairs to the tenanted premises - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Trial Court awarded maintenance as husband failed to prove that wife is living in adultery which gave a cause to wife to live separately - Revisional Court held that there is insufficient cause for wife to live separately by taking into account only that husband is habitual of drinking and that he had given..........
Criminal Procedure Code, 1973, Section 200, 482, Indian Penal Code, 1860, Section 420, 34 -- Complaint - Conspiracy to put society and its members to a great loss - Allotment of plot to a person not entitled thereto - Report of Joint Registrar Co-operative Societies that actual consideration is Rs.28 lacs whereas it is shown as Rs.10 lacs - Report whether can be relied..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Three circumstances under which inherent jurisdiction may be exercised, namely, (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of Court, and (iii) to otherwise secure the ends of justice - It is neither possible nor desirable to lay down any inflexible rule which would..........
Criminal Procedure Code, 1973, Section 397(2) -- Order of issuance of process - Revision thereagainst - Held, revision before sessions court challenging order of issuance of process by Magistrate is maintainable...........
Criminal Procedure Code, 1973, Section 107 -- Order passed by Magistrate - Correction thereof - Permissibility of - Held, it is not open to Magistrate to correct illegal/erroneous order - It would amount to review of earlier order impermissible in law...........
