Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit on the basis of Will - Non-production of Will - Plaint cannot be rejected on the ground of non production of Will as averments of plaint are germane for deciding the application - Such issue can be examined in better way while deciding civil suit finally...........
Criminal Procedure Code, 1973, Section 202 -- Postponement of issuance of process - Issuance of process is postponed by Magistrate when he on the basis of material on record, is not in a position to make up his mind as to whether any offence is made out against accused or whether or not allegations made in the complaint are true...........
Criminal Procedure Code, 1973, Section 202 -- Postponement of issuance of process - Direction to police to investigate - Shows that Magistrate was not sure on the basis of material on record whether or not allegations made in the complaint are true or whether any offence is made out against accused - Order for seizure of vehicle without jurisdiction and thus, set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Solitary ground that cheques were stolen would be in the realm of disputed question of fact and would require evidence of parties - Petition for quashing cannot be entertained at this stage owing to existence of triable issues -..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - When Court is seized of application case u/s 321 Cr.P.C. thereupon, it became enjoined to not assess quality of evidence adduced by prosecution and nor to discover therefrom whether prosecution case would end in acquittal or conviction rather the only duty enjoined upon Court is to assess whether..........
Criminal Procedure Code, 1973, Section 482 -- Permission to travel abroad - Default by borrower - Issuance of Look Out Circular - Merely looking at quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by borrower/guarantor - More so when no criminal case alleging fraud has even been filed against borrower/guarantor - Suspicion cannot..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court to decide application as expeditiously as possible...........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of case - Plea that same will be inconvenient to the power of attorney holder of husband - Inconvenience of power of attorney holder (whether he is male or female) is not a reason to deny transfer sought by wife - In the instant case taking note of convenience of wife, transfer petition allowed...........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a)(i) -- Offence u/s 188 IPC - Court cannot take cognizance of offence u/s 188 IPC without there being a complaint from public servant or his superior...........
Indian Penal Code, 1860, Section 505(1)(b), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 505(1)(b) IPC - Prosecution failed to explain as to how speech of accused had led to incitement to violence/public disorder - No prima facie case is made out against accused - Moreover, investigation of case has not revealed anything more against accused - FIR quashed...........
