Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - The illustrative categories indicated by this Court are as follows: (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 307 -- Stay of conviction - Court can stay conviction provided that attention of Court is invited to the consequences that would ensue if the order of conviction is not stayed and for which the Court is obliged to record its reasons in writing - Held, that power to stay conviction can only be..........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- Suit wholly or partly dismissed U.O.9.R.8 - Fresh suit on the same cause of action is barred - The only remedy available to plaintiff is to move an application for setting aside the dismissal order...........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- No instructions - Suit dismissed - Fresh suit on the same cause of action is barred - Only remedy available to plaintiff is to file an application for setting aside the dismissal order...........
Civil Procedure Code, 1908, Section 148 -- Extension of time - Payment of certain amount within stipulated time with a penal clause of decretal of suit for specific performance - Held, where the contract of the parties has merged in the order of the Court, the Court's freedom to act to further the ends of justice would surely not stand curtailed - Period extended to..........
Civil Procedure Code, 1908, Section 152 -- Partition decree - Amendment - Fault occurred because of the mistake committed by the office - To meet the ends of justice, the Court which passed the said judgment can definitely amend the decree - No doubt, when once the judgment is pronounced, the Court becomes functuous officio but it does not mean that the Court cannot pass..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from dispossessing plaintiff as possession is alleged to be delivered at the time of execution of agreement of sale - Only earnest money paid and sale deed yet to be registered - No prima facie case in favour of plaintiff - Right of plaintiff..........
Civil Procedure Code, 1908, Order 17, Rule 3, Civil Procedure Code, 1908, Order 41, Rule 27 -- Closure of evidence - Sufficient and many opportunities given to plaintiff to lead evidence - Plaintiff failed to discharge its obligation to prove its case - Even list of witnesses not filed within prescribed time - Even effort not made to produce the documents before Appellate..........
Criminal Procedure Code, 1973, Section 362 -- Review, recall of order - There is no provision for review/recall of an order under Criminal Procedure Code and S.362 clearly bars any review or recall of earlier order passed by Court on merits and permits only correction of clerical mistakes...........
Criminal Procedure Code, 1973, Section 457, 451, Essential Commodities Act, 1955, Section 6A -- Jurisdiction of Court to release a vehicle involved in an offence under EC Act - Applicant and co-accused were found selling solvent adulterated petrol - Tanker carrying solvent was seized - Held that u/s 451 Cr.P.C. Magistrate can pass appropriate order with regard to custody..........
