Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Court is first required to record its satisfaction before issuance of process u/s 82 Cr.P.C and non-recording of satisfaction itself makes such order suffering from incurable illegality...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Wrong framing of an issue and onus and burden placed on wrong shoulders - Evidence is led by parties which they wished to lead and matter was tried before Court of first instance with parties conscious of each other's case - All evidence is there on record sufficient to dispose of suit finally - In these..........
Civil Procedure Code, 1908, Section 10, 151, Order 4A -- (As in UP) - Stay of subsequent suit - Earlier suit is one for declaration and subsequent suit is for partition - Both the suits are pending in the same Court - Continuance of subsequent suit is contingent upon findings of prior suit - To avoid conflicting findings when there are identical issues in both the suits..........
Criminal Procedure Code, 1973, Section 317 -- Splitting of trials - Presence of some of the accused could not be procured - Order splitting of trial quashed as Magistrate was not satisfied that police have made sufficient efforts to procure the presence of all the accused and secondly further investigation of case has already been ordered...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed questions involved in the matter with regard to payment of amount with respect to cheque in question - However, date of return memo of cheque whether it is within time or not and amount in question was required to..........
Criminal Procedure Code, 1973, Section 125 -- Second application for maintenance - Order of granting maintenance to wife in first maintenance case does not alter its nature merely because parties have resumed cohabitation - It is still operative - Subsequent application seeking maintenance u/s 125 Cr.P.C held, not maintainable...........
Criminal Procedure Code, 1973, Section 356, 401 -- Complaint - Dismissal in default - When said order is challenged in a revision then persons who are arraigned as accused in the complaint have a right to be heard in such a revision petition...........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19 -- Order passed by Family Court u/s 125 Cr.P.C - Not appealable to High Court u/s 19 of the Family Courts Act, as S.19(2) of the Act clearly denies right of appeal against any order that may be passed by Family Court under Chapter IX Cr.P.C...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection/return of plaint - Deficient Court fee - Valuation of suit property is mixed question of fact and law - Even, valuation of property is subject matter of trial and upon determination of exact value thereof exact quantum of Court fee can be arrived at - Moreover, since valuation itself is disputed by defendant, it..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - MM has duly conducted necessary inquiry u/s 202 Cr.P.C before issuance of summons to accused - Merely because the summoning order of MM does not make specific reference to S.202 Cr.P.C, it cannot be accepted that an inquiry as..........
