Civil Procedure Code, 1908, Section 152 -- Correction in decree - Judgment directing removal of `Chhajja' but the same not incorporated in the decree - Trial Court allowed application u/s 152 CPC and ordered correction of decree - Held, nature of correction which has been directed certainly falls within the purview of S.152 CPC - Order of trial Court allowing application..........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - No inherent power is conferred upon a criminal Court to review its own order - S.362 Cr.P.C. clearly bars the Court to alter or review its judgment or final order except to correct a clerical or arithmetical error...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Company - Additional accused - Averments unspecific and general - No particular role assigned to petitioner - Summoning order concerning petitioner quashed - However, trial Court will be at liberty to exercise its power u/s 319 Cr.P.C. to summon an..........
Criminal Procedure Code, 1973, Section 173 -- Cognizance - Charge sheet for offence under Prevention of Corruption Act filed - Presence of accused accidental - Court was informed that no sanction had been granted and the same was to be granted - Court adjourned hearing but recorded that copies would be given on next date - Order does not amount to taking cognizance as..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11(d) -- Suit against State without serving notice u/s 80 CPC - In absence of prayer seeking leave to institute suit without serving notice Court is not required to return plaint under S.80(2) Proviso - Plaint rejected U.O.7.R.11(d) CPC - Order upheld...........
Civil Procedure Code, 1908 -- Order 3 - Concession by Advocate - On behalf of his client has been recognized as envisaged under order III CPC - There are only certain exception thereto, e.g. when such consent is against law or otherwise not binding on the parties...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Violation of - Police help for implementation of order - Jurisdiction of trial Court to pass order - Trial Court granted ad interim injunction restraining defendants from interfering in the possession of the plaintiffs - Applications for providing police help for serving and harvesting..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Duty of court to look into - Held, in order to judge as to whether or not evidence on record was sufficient to hold accused guilty of charges framed against them, court has duty to look into examination of accused concerned, u/s 313(1)(b), Cr.P.C. to find out as to what explanation accused had offered...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Writ petition for quashing the sanction - Sanctioning authority must apply its mind and there must be sufficient materials for granting sanction - In the instant case sanction for prosecution very detailed order and contents thereof show that all the aspects of the case and material..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Evidence closed after granting various opportunities including last opportunities - No infirmity in order - However, in the interest of justice one last opportunity allowed to produce entire evidence...........
