Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted by Single Judge of High Court - Bail cancelled by another single Judge of same High Court - Bail cancelled by examining merits of allegations - Cancellation of bail is totally uncalled for and tantamounts to judicial impropriety/indiscipline - Order cancelling bail quashed and set aside...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to an accused can only be cancelled if Court is satisfied that after being released on bail: (i) accused has misused the liberty granted to him; (ii) flouted the conditions of bail order; (iii) that bail was granted in ignorance of statutory provisions restricting the powers of Court to..........
Criminal Procedure Code, 1973, Section 202(2) -- Inquiry u/s 202(2) Cr.P.C - Only three witnesses of fact have been examined at the stage of inquiry before summoning the accused - Admittedly, doctor who examine injured has not been summoned and examined u/s 202 Cr.P.C - Magistrate did not find necessary to call upon complainant to examine all his witnesses on a premise..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Order returning plaint U.O.7.R.10 CPC is appealable U.O.43.R.1(a) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant restrained from alienating the property or creating any charge on the same and not from using the property - In civil litigation involving property, suit property needs to be protected - Order partly allowing application, upheld...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Discretionary power u/s 319 Cr.P.C. to be used sparingly where circumstances of the case so warrant - In the instant case, materials on record could not be said to have satisfied i.e more than a prima facie case as exercised at the time of framing of charge but short of evidence that if left..........
Criminal Procedure Code, 1973, Section 437 -- Bail - S.437 Cr.P.C would come into play when accused is arrested or detained or when summons or warrant is issued against accused for causing him to be brought or to appear before Court - In absence of any order for issuance of summons or warrant u/s 204 Cr.P.C or under any other provision of Cr.P.C, summons could not have..........
Criminal Procedure Code, 1973, Section 437, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money laundering - No order passed by Special Court for issuance of summons or warrant against appellant - However, summons u/s 61 Cr.P.C came to be issued requiring appellant to appear before Special Court, appellant appeared and applied for his release on bail -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree - Petitioner failed to prove the twin requirements which are required to be proved before an order U.O.21.R.32 CPC is passed - Standard of proof required for proving willful violation is to be strictly construed - Moreover, petitioner is basing her case only on the decree,..........
