Civil Procedure Code, 1908, Order 22, Rule 1 -- Substitution application - Filed before decision of case - Due to inadvertence order not passed - Can be allowed afterwards also - When so allowed judgment cannot be set aside on the ground that it is in favour of a dead person...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Non filing of charge sheet within sixty days - Accused enlarged on bail - Reason given by prosecution for delay is that quantitative analysis of material seized from accused to determine whether quantity involved was small quantity or commercial quantity..........
Criminal Procedure Code, 1973, Section 441, 437, 439 -- S.441 of the Code does not make any different between the bond to be executed by an accused, on the order of the Magistrate u/s 437 of the Code or on the order of the High Court/Sessions Court u/s 439 of the Code...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Purchaser of property pendente lite - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non appearance despite receipt of notice for the reason that it was in Hindi which language they do not know - Summons however was issued both in Hindi as well as in English - Exparte decree can be set aside only on being satisfied that summons were not duly served or the person was prevented..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Refusal - Review - No fresh material produced - Nothing to show as to why reconsideration became necessary - - High Court holding that State has no power of review - Order upheld...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 471 -- Accused one of persons who conspired and cheated bank and misappropriated crores of rupees - FIR registered u/ss 409, 420, 467, 471 against accused and others - Accused granted bail by High Court after he had remained in custody for 8 months subject to his deposit of Rs.2384 lacs..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal by High Court - Considering the normal human conduct of taking deceased to hospital and other relations, delay of 2 hours in filing FIR is not inordinate - Witnesses are not independent and are related to deceased is no ground to discard their evidence -..........
Criminal Procedure Code, 1973, Section 145, 146 -- Order passed u/s 146(1) Cr.P.C. - Order is an interlocutory order which is temporary in nature - Revision against the same is not maintainable...........
Criminal Procedure Code, 1973, Section 145, 146, 397, 482 -- Order passed u/s 146(1) Cr.P.C. - Order set aside in revision - Revision against - Held, revision against an order which is temporary in nature is not maintainable - Revision treated as a petition u/s 482 Cr.P.C. and order passed by Additional Sessions Judge set aside...........
