Criminal Procedure Code, 1973, Section 311, 397(2) -- Order of rejection of application u/s 311 Cr.P.C - Held, it is an interlocutory order and hence revision is not maintainable...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Exercise of - Trial court exercising its discretion has allowed the petition filed u/s 311 Cr.P.C. - Challenge thereto - Held, impugned order cannot be said as violative of any provision of the Code of Criminal Procedure or any other law in force - Therefore, there is no question of preventing any abuse of..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Written contract contemplated under Order 37 need not be signed by both the parties - However, the writing must be such to arrive at a conclusion that an agreement certainly has been brought into existence and that the claim made under such an agreement ought to be indisputable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378 -- Charas - Recovery of 2 kg. - Contradictory versions of witnesses with regard to manner of recovery and weight used - Acquittal by trial Court - Held, two views possible about reliability of recovery and view taken by trial Court also a possible view and cannot be..........
Criminal Procedure Code, 1973, Section 95 -- Forfeiture of book - Exercise of power by Govt. - Held, requirement of passing an order of forfeiture of a book, presupposes that the book contains any matter publication of which is punishable u/s 124-A or S.153(A) or 153(B) or 292 or 293 or 295A of the IPC, for the State Govt. to declare that every copy of such book be..........
Criminal Procedure Code, 1973, Section 95 -- Forfeiture of book - Notification for - Held, to make a legal order u/s 95 of the Code, apart from the fact that offence as set out therein must be indicated, the notification must disclose grounds based on which State has formed an opinion, that author by his publication sought to promote or attempted to promote disharmony or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Will earlier not in the knowledge of defendant - Dismissal of application on ground of moving application at belated stage and Will seems to be not genuine as written on a paper alleged to have been bought for execution of an agreement - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 2(b) -- Interim order - Violation thereof - Suit ultimately dismissed - Interim order merges in the final order - Petitioner cannot make a grievance against such an interim order...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Execution of order of maintenance - Husband asked to remain personally present - Power of attorney holder cannot be allowed to represent the husband in the proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Power u/s 311 Cr.P.C. can be exercised till order or judgment is pronounced...........