Civil Procedure Code, 1908, Order 7, Rule 10 -- Application U.O.7.R.10 CPC - Maintainability - Defendant pleaded that suit as framed being barred under Companies Act and proceedings ought to have been filed before NCLT - Since NCLT is not a Court as contemplated U.O.7.R.10 or O.7.R.10-A CPC, application U.O.7.R.10 CPC not maintainable - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 173(2)(i) -- Cancellation report - Notice to Legal heirs of deceased complainant - Respondents are neither first informants nor injured witnesses - Land in question was in ownership of petitioner's side - Legal Heirs of complainant thus, have a limited role in opposing cancellation report - More so, when they choose not to appear..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Witness sought to be summoned is important witness whose statement has already been recorded u/s 161 Cr.P.C, which is part of charge sheet - Said witness has to be examined, so that Court can reach to truth - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 188 -- Offence committed outside India - If an offence is committed by a person who is not an Indian citizen in a foreign country, local police has no jurisdiction to investigate the offence committed by him outside India - Initiation of criminal proceedings in such cases are vitiated due to want of jurisdiction...........
Criminal Procedure Code, 1973, Section 188, 482, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Offence committed outside India - Rape - Petitioner was not Indian citizen at the time of commission of offence - His status as an Indian citizen terminated u/s 9 of Citizenship Act, as petitioner voluntarily acquired citizenship of Britain - If an offence is committed by a..........
Criminal Procedure Code, 1973, Section 156(3), 197, 195, 340 -- Application u/s 156(3) Cr.P.C - Non compliance of Court orders by Revenue Authorities - Lower Court rightly held that without sanction Court cannot take cognizance and that complaint is also barred u/s 195 Cr.P.C. because the proceedings could be initiated after enquiry u/s 340 Cr.P.C. by lodging the complaint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Addition of two prayers in the relief clause - Pleadings in this regard already incorporated - Change in prayer clause not barred by O.6.R.17 Proviso CPC - It does not amount to change of nature of suit - Amendment rightly allowed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Where offences of forgery and fraud are applied in a case, bar of delay in lodging FIR would not always be considered as a ground to terminate proceedings at the inception when there is strong prima facie evidence to prosecute..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Two competent criminal Courts have recorded concurrent findings of facts while taking cognizance against petitioner and while dismissing revision - Order taking cognizance is proper...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent finding of Courts below with regard to possession of defendants over suit property - Plaintiffs failed to point out any question of law much less substantial question of law - Suit rightly dismissed...........
