Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Land Revenue Act, 1887, Section 20, 21, 22 -- Exparte decree - Setting side - Suit for partition - Defendant residing in USA for the last more than 25 years - Defendant was never served with any notice although plaintiff had full knowledge of his correct address - Application U.O.9.R.13 CPC to set aside exparte decree -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - If order of injunction was operative upto a particular date, technically the order of injunction shall not remain operative thereafter...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A -- Breach of restraint order - Court has inherent power to bring back the parties to the same position as if the order of injunction has not been violated...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 363, 342, 366, 376, 120B -- Compounding of offence - Offence Ss.363, 342, 366, 376 & 120-B IPC - Court has wide powers to quash the proceedings even in non-compoundable offences in order to prevent abuse of process of law and to secure ends of justice, notwithstanding bar u/s 320 Cr.P.C. - Once..........
Indian Penal Code, 1860, Section 4, Criminal Procedure Code, 1973, Section 188 -- Appellant a citizen of Mauritius - Offence committed at Kuwait - Appellant visited India on visa issued by India - She might have been staying in India with her relatives but she is not citizen of India - In view of provisions of S.4 IPC and S.188 Cr.P.C. order taking cognizance is illegal...........
Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction - Suspension of sentence - Exceptional cases - Order of suspension of sentence can be passed only in exceptional cases - It has to be a reasoned order and bail should not be granted as a matter of routine...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Further investigation - Permissible in law - Magistrate has a discretion to direct further investigation even if he had taken cognizance of the offence - Magistrate can even order reopening of investigation after police submits final report - Order of further investigation confirmed...........
Criminal Procedure Code, 1973, Section 407, 156 -- Investigation - Transfer from one police station to another police station on ground of jurisdiction - At the stage of investigation, the material collected by an IO cannot be judicially scrutinized for arriving at a conclusion that the police station officer of a particular police station would not have territorial..........
Civil Procedure Code, 1908, Order 29, Rule 1 -- Company/Corporation - Institution of suit through power of attorney - For institution of suit power of attorney is not required to be registered - Suit cannot be dismissed on the ground that power of attorney is not registered - However, Court can call upon the company/corporation to file an affidavit of competency, which is..........
Criminal Procedure Code, 1973, Section 125, 494 -- Maintenance - Revision against order declining maintenance - High Court found that appellant had undergone a second marriage and was liable for an offence u/s 494 IPC - Since appellant was a Govt. servant, High Court directed his department to initiate disciplinary proceedings against him - Held, that while exercising..........
