Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - An order of transfer must reflect application of mind by the Court and the circumstances which weighed in taking the action...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Unconditional leave to defend granted by Single Judge - Order complied with - Order ought not to have been interfered with by the Division Bench...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appeal against - Refusal by non speaking order - Court must given reasons, howsoever, brief, in its order indicating of an application of its mind - Absence of reasons render order not sustainable - Impugned order set aide...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Reassessing of evidence - Power of High Court - Held, in appeal against acquittal though powers of High Court to reassess evidence and to reach its own conclusion are as extensive as in an appeal against an order of conviction, yet as a rule of prudence, it should always give proper weight and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for defamation against Magazine - Interim order passed against publisher restraining him from re-publishing defamatory articles in question or writing any such defamatory article in future - No ground to interfere...........
Civil Procedure Code, 1908, Section 152 -- Correction of clerical and arithmetical error - Scope of - Once an order is passed and entered or otherwise perfected, the Court which passed the order becomes functus officio and cannot set aside, alter the order however wrong it may appear to be - No clerical error or accidental slip in the decree - Variance should be apparent..........
Criminal Procedure Code, 1973, Section 389(1) -- Suspension of order of conviction - Power of appellate court - Held, besides High Court's power u/s 482 Cr.P.C. every appellate court, exercising jurisdiction u/s 389(1) Cr.P.C. has power to suspend not only execution of sentence, but also operation of order of conviction...........
Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence and order of conviction - Distinction between - Held, suspension of sentence is not equivalent to suspension of conviction - While suspension of sentence permits liberty of physical movement to an appellant subject to such conditions as appellate court may impose, suspension of order of conviction..........
Criminal Procedure Code, 1973, Section 389(1) -- Suspension of order of sentence/conviction - Power of appellate court - Exercise of - Held, for purpose of taking a decision on question of staying or suspending order of conviction, it was not necessary to minutely examine merits of the case, nevertheless deemed it fit to discuss evidence in order to show that order of..........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - For cancellation of bail conduct of petitioner subsequent to release on bail and the supervising circumstances alone are relevant - When a person to whom bail has been granted either tries to interfere with the course of justice or attempts to tamper with evidence or witnesses or threatens witnesses or..........
