Criminal Procedure Code, 1973, Section 146 -- Attachment - Order of - Dispute between parties resolved by Arbitration - Award never challenged - Rights of parties having been determined there is no authority in Magistrate to pass order of attachment more so when report of SHO was only a slip shod finding given with a closed mind - Proper course is to go in for execution of..........
Criminal Procedure Code, 1973, Section 145 -- Preliminary order passed by Magistrate on 26.5.2000 and an order also passed attaching property and appointing SDPO to remain in charge of property - In a civil suit filed by respondents on 24.4.2000 an interim order was passed which was subsequently modified to order of status quo - High Court quashed proceedings u/s 145..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte eviction order - Setting aside - Tenant proceeded exparte for the third time - Suffering from Dislocated Slip Disc - Application dismissed - Revision against - In revision tenant instructed to deposit arrears of rent which he deposited amounting to Rs.1, 09, 350/- - Shows his bonafide to contest the ejectment petition..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Leave to defend - Pronote - Thumb impression alleged to be obtained on blank pronote - As there is admission of thumb marking the pronote and receipt so there is presumption that it was executed for consideration - Held, order of grant of leave to defend suit subject to deposit of 50% of the suit amount and to furnish..........
Criminal Procedure Code, 1973, Section 145, 482 -- Initiating proceedings u/s 145 - Order is revisable - Petition u/s 482 Cr.P.C. is not maintainable...........
Criminal Procedure Code, 1973, Section 200, 156(3), 36 -- Investigation by police - Order by Magistrate - Section 156(3) of the Code empowers a Magistrate to direct such officer in charge of the police station to investigate any cognizable case over which such Magistrate has jurisdiction and not a superior police officer...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against acquittal - Testimony of two eye witnesses corroborated by medical evidence brushed aside by the trial court relying on minor infirmities and acquittal of accused ordered - Plea of the respondent accused that if two views of evidence are reasonably possible, one..........
Criminal Procedure Code, 1973, Section 321, Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- Withdrawal from prosecution - Application filed by State Government for withdrawal from prosecution in respect of the offences charged under the various provisions of TADA Act declined by the Designated Court - Held that order passed by the designated..........
Criminal Procedure Code, 1973, Section 321, Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- Withdrawal from prosecution - Rejecting of application filed by the State Government by Designated Court on the ground that it had not given any reason for withdrawal from prosecution and that mere use of the expression `janhit' was not sufficient for..........
Criminal Procedure Code, 1973, Section 164 -- Confession statement - In order to make the confession statement under the Act, it must be proved that the same was voluntarily made by the maker - It would, of course, be necessary in every case to put the questions prescribed by the High Court circulars but the questions intended to be put under sub-section (2) of Section 164..........
