Criminal Procedure Code, 1973, Section 82, 83 -- Issuance of warrant of arrest and proclamation of attachment - Conjointly and simultaneously is devoid of sanction of law and thus, unsustainable...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation was not publicly read in village where accused was residing - Publication of proclamation is thus, not in accordance with mandatory requirements of S.82(2)(i) Cr.P.C - Order declaring accused as P.O quashed...........
Criminal Procedure Code, 1973, Section 82 -- Issuance of processes u/s 82 Cr.P.C - Merely because accused are absent, Court issued process u/s 82 Cr.P.C in a most mechanical manner without recording subjective satisfaction as to why it is necessary to issue proclamation - No material on record that Court has reasons to believe that petitioners have absconded or are..........
Indian Penal Code, 1860, Section 174A -- Non-appearance in response to a proclamation u/s 82 Cr.P.C - Period of 30 days is required to be afforded to accused to cause appearance after publication is affected, as mandated u/s 82 Cr.P.C - Since a period of only 1 day was afforded to accused for causing appearance after proclamation was effected, FIR registered u/s 174-A IPC..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 294, 34 -- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise without considering the fact that said offences are no, compoundable - Even, High Court not considered the relevant facts and circumstances of case, more..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Publication of sale - Wide publication was given regarding sale by publication in `Daily Tribune' as well as other newspapers - That apart warrant of sale was affixed well in advance - There is thus, no violation either in proclamation of sale or in advertisement of sale...........
Criminal Procedure Code, 1973, Section 193, 82 -- Summoning of accused and passing of proclamation order u/s 82 Cr.P.C against him - Police sought discharge of petitioner from case - Even statement of ASI is to the effect that petitioner is to be discharged from the case - Subsequently, when inquiry was conducted in the application filed on behalf of other accused, earlier..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of prescribed procedure u/s 82 of Cr.P.C - Neither satisfaction was recorded that accused absconded nor written proclamation was issued specifying time less than 30 days from date of publication of such proclamation for appearance of accused in Court - Proclamation was not published at any..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Material mis-description of property in a sale proclamation would vitiate sale...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Joint property - Undivided share or right or interest of JD in joint property can be sold - But a specified portion of a property cannot be sold in execution sale describing it as share of JD...........
