Criminal Procedure Code, 1973, Section 401 -- Acquittal - Appeal against - Trial Court and First Appellate Court found accused guilty and High Court acquitted the accused - Evidence of witnesses and conclusions of trial court and first appellate court have not been referred to at all - Two courts below had found accused persons guilty - Held, High Court has even not..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - High Court reduced to Rs.40, 000/- from Rs.70, 000/- per month without considering evidence on record - Impugned order set aside - Case remitted back for decision afresh...........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Order passed in an application for violation and breach of injunction whereby order of imprisonment and restoration of possession set aside - Held, this order does not go to the benefit of J.D. - Decree passed for restoration of possession needs no amendment...........
Criminal Procedure Code, 1973, Section 24 - - District Govt. Counsel - Refusal to renew term - Challenge thereto - Held, entire material available on record does not suggest that exercise of discretion by State Govt. was either perverse or illegal and further it cannot be said that impugned order is unjust, unreasonable or unfair - Question as to whether State Govt. is..........
Criminal Procedure Code, 1973, Section 190, 195(1), 182, 211, 499 - - Cognizance of offences - Powers of Magistrate - Bar u/s 195(1) of Cr.P.C. - After registration of FIR respondents had applied for anticipatory bail wherein some other judicial proceedings also took place - After grant of bail complaint was filed and therefore proceedings before court within meaning of..........
Criminal Procedure Code, 1973, Section 203 -- Complaint - Dismissal thereof - Validity of - Magistrate while dismissing complaint placed reliance on documents filed by accused persons - Revisional court had also placed reliance on aforesaid documents filed by accused at inquiry and upheld order of dismissal - Held, neither Magisterial court nor Revisional court could have..........
Criminal Procedure Code, 1973, Section 340, 341(2) -- Court took suo motu action u/s 340 Cr.P.C. - Order u/s 341 not appealable - Such an order is also not challengeable by way of revision...........
Criminal Procedure Code, 1973, Section 173 -- Report u/s 173 Cr.P.C. stating that no offence is committed by persons named in complaint - Magistrate should not accept the report blindly and act mechanically - Magistrate should apply his mind and find out whether findings are based on material collected during investigation - Acceptance of report without applying mind -..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Recording of reasons - Held, while directing suspension of sentence appellate Court must record reasons in writing to ensure that there was careful consideration of relevant aspects and order directing - Suspension of sentence and grant of bail not to be passed as a matter of..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Factors to be taken into consideration - Held, effect of bail granted during trial loses significance when on completion of trial accused persons have been found guilty - Bail and absence of its misuse during trial cannot be said to have any significance while making order u/s..........
