Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At least there has to be some factual supporting material for what has been alleged in the FIR - Completely missing in the instant case - Proceedings quashed...........
Civil Procedure Code, 1908, Section 152, 153 -- Correction/amendment of decree - Court may, at any time, amend any defect or error in any proceedings in a suit - S.153 CPC is not only confined to judgments, decrees or orders passed, it also enables Court to permit amendment of any defect or error in any pleadings in a suit - Such amendment is required to be allowed to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Interim bail - Murder - Accused applied for interim bail for a period of 10 days to attend sister's marriage - He being only brother has to perform certain rituals and make all the arrangements of his sister's wedding - Interim bail granted to..........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Application for premature release has to be considered on the basis of policy as it stood on the date when accused was convicted of offence...........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Order rejecting application for pre-mature release is bereft of an application of mind to relevant circumstances bearing on whether petitioner should be released prematurely - Order does not contain any reference whatsoever to whether petitioner possess any prior criminal history - Even, order is..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Detention of person in police custody not authorized by law - Cannot be treated as an act committed in discharge of official duty - Sanction u/s 197 Cr.P.C not warranted...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Respondent who impleaded is not any private person who could introduce new defences, except those which were available to existing respondents - Moreover, addition of respondent is only extension of existing respondents to facilitate Court proceedings - No prejudice is caused by..........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Rejection of - Police filed cancellation report and Magistrate directed re-investigation - IO conducted investigation again and filed second closure report - Magistrate rejected second closure report merely on basis of earlier order of rejecting first closure report - Order is recorded in a perfunctory and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - It is not in dispute that there is no suicide note of deceased - No overt act has been attributed to present petitioner to show that petitioner had instigated or aided commission of suicide - FIR has been registered on account of doubt/suspicion and..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise/consent decree - Suit to set aside - At the stage of deciding application for rejection of plaint, Court is to see as to whether suit is maintainable in view of O.23.R.3-A CPC and not to consider suit on merits and validity of compromise decree...........
