Practice and Procedure -- Criminal Jurisprudence - Order of Magistrate - Review thereof - Held, Magistrate has no jurisdiction and powers under the Code of Criminal Procedure to review his earlier orders passed rightly or wrongly - Criminal jurisprudence prohibits interference of any order which may have been even passed at an interlocutory stage - It is open to party, who..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for injunction against Municipal Board wherein question of jurisdiction of Municipal Board in issuing notice and taking action against plaintiff was relevant - Impleadment of neighbours of plaintiff unnecessary as dispute between neighbours is a matter for independent civil action - Order of..........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Juvenile - As soon as claim of juvenility is made before any court it should according to the provisions of S.7-A of the Act, determine age of juvenile and should forward him to Board for passing appropriate order - If petition for bail was rejected by Board, appeal should have been filed before Sessions Judge and..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay - Where serious civil consequences follow from an order, it is imperative for the Appellate Court to suspend the operation of the order more so when appeal is admitted...........
Criminal Procedure Code, 1973, Section 366 -- Reference - Trial Court found one of accused guilty u/s 302 IPC and sentenced him to death - In reference death sentence was altered to life imprisonment - Held, that number of deaths in a case would not be determinative factor for awarding death sentence - Even in case of single victim death sentence can be awarded taking into..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Order for garments - Buyer refused to accept the goods on the premise that the same were defective and substandard - No allegation made in FIR that any misrepresentation was made at the time of formation of contract - Held, that it was a case of civil liability - FIR quashed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Complainant can always question the order granting bail if the said order is not validly passed - It cannot be said that the only remedy available to the complainant is to get the order of bail cancelled on account of its misuse...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Reasons not given while granting bail - Order passed mechanically without considering the pros and cons of the matter - While granting bail, particularly in serious cases like murder some reasons justifying the grant of bail are necessary - Order granting bail set aside - Accused to surrender - After surrender of..........
Criminal Procedure Code, 1973, Section 433A -- Premature release of convict - Writ Petition seeking release on ground of serving sentence as per policy of Govt. - Held, High Court cannot order release of prisoner - State Govt. can be directed to consider the matter relating to premature release...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - On the basis of evidence led additional accused summoned by holding that a strong suspicion can be a ground to proceed against any person in a criminal case - Strong suspicion is a criterion for framing a charge but not for summoning a person as an additional accused - There was no possibility of recording..........
