Criminal Procedure Code, 1973, Section 401 -- Criminal revision - Order deciding criminal revision on merit in absence of any or both parties - Order can be recalled...........
Criminal Procedure Code, 1973, Section 451, 457, 482, 397 -- Rejection of application to release motor cycle on Sapurdagi - Order is revisable - Petition u/s 482 not maintainable...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - One adjournment already granted for one week on medical grounds - Applicant applying for further adjournment on basis of same medical certificate on which adjournment had already been sought - Non-production of copy order - Advocate presenting the application, not ready to submit arguments on merits - No..........
Civil Procedure Code, 1908, Section 115 -- Jurisdiction - Want of - Plaint returned - Proceedings come to an end - A new suit is required to be registered at the place where plaint is tendered thereafter - Held, order cannot be viewed as interlocutory order - Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 153A -- Anticipatory bail - No convincing reasons for custodial interrogation - Accused can be interrogated by IO without taking him in custody - Order rejecting anticipatory bail set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner in exclusive possession raising construction - A co-owner who is not in possession of any part of property is not entitled to seek injunction against co-owner who is in exclusive possession of suit property, unless act of person in possession of suit property amounts to ouster, adverse to..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Injunction decree - Execution - Plaintiff held to be in possession of 28 Kanals 14 marlas - On the basis of Local Commissioners Report and evidence led by parties Executing Court held that D.H. is in possession of 24 Kanals 18 marlas - In order to satisfy the decree warrant of attachment issued - Order upheld...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - General principles are : (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the..........
Criminal Procedure Code, 1973, Section 94 -- Forcible possession of vehicle - Stolen property - Search - Petitioner has purported to invoke clause 8.2 of loa, cum-hypothecation agreement for taking possession of vehicle in question on ground that second respondent committed defaults in re-payment of loan - Petitioner is a financier who advanced loan for purchasing vehicle..........
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 366 -- Rape and murder - Death sentence - Guidelines - Death sentence can be awarded when the collective conscience of the community is so shocked when it will expect the holders of the judicial power centre to inflict death penalty - The community may entertain such sentiment in the..........
