Criminal Procedure Code, 1973, Section 433 -- Order of commutation is just reiteration of the identical reports submitted by different government authorities without any independent scrutiny - Powers conferred upon the appropriate Government under Section 433 Cr.P.C., must be exercised in accordance with rules and established principles - While exercising such power,..........
Criminal Procedure Code, 1973, Section 378 -- No restrictions have been imposed by the legislature on the powers of the appellate court in dealing with appeals against acquittal - Both questions of fact and of law are open to determination by the High Court in an appeal against an order of acquittal - Double presumption in favour of accused in the case of acquittal...........
Criminal Procedure Code, 1973, Section 397(2) -- Summoning order - Revision thereagainst - Maintainability of - Held, order issuing process for summoning of accused is not an interlocutory order - Revision thereagainst is maintainable...........
Criminal Procedure Code, 1973, Section 227 -- Application for discharge - Dismissal thereof with costs on ground that accused have adopted delay tactics - Legality of - Held, merely because accused filed application for discharge u/s 227 of the Cr.P.C, it cannot be presumed that accused have adopted delaying tactics - S.227 Cr.P.C. provides remedy to accused to claim..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof of - PW1, PW2 and PW3 are natural witnesses who have categorically deposed about involvement of accused in incident - Blood stained knife was also recovered at instance of accused from his house on basis of disclosure statement made by accused-respondent - Held, it is established that accused-respondent had stabbed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Common wall - Temporary injunction - Restraining defendant from causing damage to party wall - Trial Court directing defendant to give an undertaking that in case while constructing his portion including his share in the disputed party wall, if any damage is caused to plaintiff's property he will either get damaged..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint sent to police u/s 156(3) Cr.P.C. for investigation - Parties compromised - There is no provision in Cr.P.C. whereby Magistrate has power to order withdrawal of investigation - Even otherwise Magistrate has no power to recall his order...........
Criminal Procedure Code, 1973, Section 482 -- High Court can interfere suo motu when an order passed by Magistrate which is wholly without jurisdiction is brought to its notice...........
Indian Penal Code, 1860, Section 420 -- Civil decree on the basis of family settlement - Complaint by third party that parties to the decree are not related and thereby caused wrongful loss to the State by not paying Stamp duty - Held, when Court passes the decree on the basis of admission by holding the suit as genuine then it is not known as to how the accused cheated..........
Criminal Procedure Code, 1973, Section 190, 203 -- Complaint - Summoning order - Revision against - Concurrent jurisdiction of Sessions Court & High Court - Petition filed in High Court without first exhausting remedy of Sessions Court - Held, petition in the High Court is maintainable as it has got concurrent jurisdiction to entertain the revision against the order...........
