Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Rejection of plaint - Notwithstanding independent remedy of defendant to challenge maintainability of suit, Court is duty bound to reject a plaint suo motu if the same is hit by any of the infirmities provided in the rule - Rejection of plaint under Rule 11 does not preclude plaintiff from presenting a fresh plaint in..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- L.R's - Impleading - Death of a party - Duty of pleader - No obligation is cast on Advocate appearing for deceased party to furnish list of legal representatives - Provision of O.22.R.10A is directory and not mandatory since no penalty or other consequences are contemplated under said rule on failure to comply with it...........
Criminal Procedure Code, 1973, Section 374, 378, Indian Penal Code, 1860, Section 394, 302 -- Dacoity in running train - Appeal against acquittal - In a case where admissible evidence is ignored, a duty is cast upon the appellate Court to re-appreciate the evidence where the accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really..........
Criminal Procedure Code, 1973, Section 321 -- TADA case - Withdrawal of prosecution - Duty of Public Prosecutor - Held, Public Prosecutor in terms of the statutory scheme laid down under the Code of Criminal Procedure plays an important role - He is supposed to be an independent person - While filing such an application, the public prosecutor also is required to apply his..........
Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 197 -- Rs.2 lakhs as passenger tax paid to Deputy Excise and Taxation Commissioner who misappropriated the amount - No allegation that it was bribe money - Complaint u/ss 420 & 406 IPC and S.13(1)(d) Prevention of Corruption Act - Prior..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Duty of appellate/revisional court - Held, if an appellate court or revisional court finds that a trial court has not put any question to accused even if it was of a vital nature, such omission alone should not be made a ground to set aside conviction and sentence as an inevitable consequence, rather,..........
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 - Need when arises - Held, need for sanction arises if there is a reasonable connection with the discharge of duties - It is not the duty which requires examination so much as the act because the official act can be performed while in discharge of official duty as well as in dereliction..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Official duty - Act done in discharge of - Allegation against petitioner that while acting or purporting to act in discharge of official duties, he failed to properly scrutinize stamp papers to find out whether they were ante-dated to avoid stamp duty required to be paid on account of enhancement of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Police is duty bound to register an FIR if an information relating to commission of a cognizable offence is given to the officer in charge of police station either orally or in writing...........
