Jammu and Kashmir Criminal Procedure Code, 1989, Section 159 - - Investigation - Order of - Power of Magistrate - Held, power of Magistrate to order investigation would arise only in case investigation in matter was not taken on as contemplated u/s 157(1) - Other occasion when Magistrate could look into nature of investigation conducted by police is only after report u/s..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Substitution and impleadment of purchaser of property after passing of the decree for eviction - Courts below allowed the application - Order upheld...........
Criminal Procedure Code, 1973, Section 190, 200 -- Complaint - Magistrate can direct police to investigate even after finding that there exists prima facie case - Second option with the Magistrate is to close the proceedings and thirdly to take cognizance - Order of Magistrate that complaint is sent to police for inquiry and report u/s 202 Cr.P.C. - Held, trial Court's..........
Consumer Protection Act, 1986, Section 15 -- Civil Procedure Code, 1908, Order 9 Rule 13 r/w Order 17 Rule 2 - Appeal - Condonation of delay - Delay of 1 year 180 days in filing appeal - Prosecuting the matter in wrong forum cannot be solid ground for condonation of delay - However, in the facts and circumstances of the case, as the wrong Forum took long time i.e. 1 year..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Exercise of power by Magistrate - Held, while considering application u/s 319 Cr.P.C. to summon other persons to face trial court must have reasonable satisfaction from evidence already placed before court to the fact that other person has committed an offence and for such offence he should..........
Civil Procedure Code, 1908, Section 100A, Constitution of India, 1950, Article 226, 227, Bombay High Court (Appellate Side) Rules, 1960, Rule 3, 8(14) - - proviso to 8(44) - Letters patent appeal - Maintainability - In the instant case, facts justify that party can file application either u/arts.226 or 227 of Constitution - Party chooses to file application under both the..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - When leave to be granted - In such cases High Court has full power to reappreciate, review and reweigh at large the evidence on which order of acquittal is founded and to reach its own conclusions on such evidence - Both questions of law and fact are open to determination by appellate Court...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Leave not granted - Speaking order should be passed - When High Court refuses to grant leave sought by State - High Court should pass a speaking order as to why leave is not granted...........
Criminal Procedure Code, 1973, Section 446 -- Bail jumped - Bail bond cancelled - Show cause notice issued to surety - Surety failing to produce accused on fixed date - Trial Court imposed penalty of Rs.50, 000/- - High Court held, reasonable opportunity was afforded to surety to locate and produce accused but as surety absented, Court left with no other alternative and..........
Criminal Procedure Code, 1973, Section 402 -- Criminal revision - Dismissed in default or for non prosecution - Order can be recalled...........
