Criminal Procedure Code, 1973, Section 203, 204 -- Summoning of accused - Detailed order is not required - However reasons are to be recorded while not summoning the accused and dismissing complaint u/s 203 Cr.P.C. - Magistrate is not required to mention the documents which he considered for satisfying himself to take cognizance - Documentary evidence of defence is not..........
Criminal Procedure Code, 1973, Section 203, 398 -- Complaint - Dismissal u/s 203 Cr.P.C. - Revision against - Sessions Court directed Magistrate to take cognizance of the offence and to proceed with the case - Direction of the Sessions Court leaves no discretion to the Magistrate to satisfy himself about the truth or otherwise of the allegations - Discretion should have..........
Criminal Procedure Code, 1973, Section 311 -- Murder trial - After examining two or three formal witnesses, evidence of prosecution closed on ground that APP has not made any prayer either oral or written for adjournment or for examining other witnesses - Matter came before another Sessions Judge who recalled order of closure of prosecution evidence - High Court set it..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Possession - Any person claiming title to the property - Executing Court to consider all questions raised by the person offering obstruction and to pass appropriate order which is to be treated as a decree...........
Criminal Procedure Code, 1973, Section 397 -- Police filed final report - Magistrate directing further investigation - Held, accused has right to challenge order of Magistrate...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(5) -- Withdrawal of suit - Several plaintiffs - One of the plaintiffs not consenting party to the compromise - Plea that when counsel representing the plaintiffs signs underneath the statement made before the Court, then his statement is binding upon the non consenting plaintiff - Held, in view of the fact that..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - More than one defendant - Exparte decree to be set aside only against those who satisfy the Court that he was prevented by sufficient reason from appearing in Court - Anyhow if the nature of the decree is such that it canot be set aside as against such of the defendants only who applied for..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- High Court - Has jurisdiction to entertain application U.O.39.R.2-A when order of injunction granted by trial Court and confirmed by High Court is violated...........
Criminal Procedure Code, 1973, Section 173(8, 156(2), 156(3) -- Magistrate after taking cognizance of an offence on the basis of police report and after appearance of accused in pursuance of process issued, cannot order further investigation...........
Criminal Procedure Code, 1973, Section 386, 381 -- Appeal against conviction - Impugned orders in appeal passed dismissing the appeal for the default on the part of the appellant - Held that the impugned order does not answer the requirements enjoined u/S.386 of the Code - Passed without any reference to the record of the trial Court and in ignorance of the legal position..........
