Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of Partnership deed and certificate of registration - Application rejected on ground that it will adversely effect the interest of the defendants - Order of trial Court set aside - Application allowed...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 1 -- Evidence closed by order - Court on a proper consideration of facts can reopen the case and allow a party to lead evidence when a party shows reasons for its inability to give evidence...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Disputed question in issue as to who was in possession on the date of order - Matter not to be decided summarily on basis of documents and reports submitted by executive authorities and on the basis of affidavits - Parties should be allowed to adduce evidence as findings recorded by trial Court on the issue of..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - High Court granting bail by a cryptic order showing complete non application of mind - Not sustainable...........
Criminal Procedure Code, 1973, Section 173(2), 190, 200 -- Second Complaint - Maintainability - Held, if Magistrate accepts report and drop proceedings after granting opportunity to complainant, though complainant can thereafter file a second complaint it will lie only if there was a manifest error or manifest miscarriage of justice in previous order or there is any..........
Criminal Procedure Code, 1973, Section 397(2), 438 -- Order granting anticipatory bail - Revision thereagainst - Maintainability - Impugned order which finally granted anticipatory bail to respondent - Held, it shall not be interlocutory order of nature mentioned in S.397(2) of the Cr.P.C. - Therefore, revision petition is maintainable...........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498A - Framing of charge - Quashing of order - Application filed by brothers, their wives and sisters of husband of complainant - Accused persons have been allegedly torturing complainant for car in dowry and by calling her `baanjh' for not giving child - As per..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on Sapurdari - Should be given to the person who is prima facie owner - Owner means the person in whose name the motor vehicle stands registered. The legal position, therefore, is that the sapurdari of a vehicle in proceedings under Section 451 Cr.P.C. should be given to the person who is prima facie owner of..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - List of documents - Non-filing of documents mentioned therein - Judicial mind - Application of - A perusal of order passed by Magistrate while taking cognizance of complaint do reveal that Magistrate has applied his judicial mind to entire allegations contained in complaint and only thereafter being..........
Indian Penal Code, 1860, Section 498A, 406, 302, 120B, Criminal Procedure Code, 1973, Section 194 -- Ill treatment for demand of dowry - However in divorce proceedings admission that accused never ill treated the wife - Two contradictory versions in two different Courts of law - Order of trial Court to face regular trial for giving or fabricating false evidence in judicial..........
