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..........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 2 -- Documents - Late production - Trial Court's order that as the documents were not produced at the relevant time before the settlement of issues and cause shown for late production not considered 'good' - Revision against - The order may be erroneous but it cannot be interfered in revision - However, it is open to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of juvenile court order - Petitioner is an accused for offence u/S.302 IPC - Plea of the petitioner that on the date of alleged occurrence on 23.04.1997 he was a juvenile - Entry in the birth register produced in evidence which came into existence much after the date of occurrence - Findings recorded by the courts..........
Civil Procedure Code, 1908, Order 5, Rule 15, Civil Procedure Code, 1908, Order 5, Rule 25 -- Wife of defendant seeking vacation of injunction order - Wife not a party to the proceedings and she also failed to get herself impleaded as a party - Nothing to show that she is authorised to file such a petition on behalf of her husband - She is not an aggrieved party -..........
Criminal Procedure Code, 1973, Section 251, 254, 255, 401, 482 -- Summons case - No question of framing charge in summons case as such there is no question of discharge - Question whether ingredients of offence in question are established has to be considered at stage of final order and not at stage of reading over contents of accusation to accused - Order of Magistrate..........
Criminal Procedure Code, 1973, Section 200, 202, 204, 482 -- Complaint - Summoning order - Revision u/s 482 Cr.P.C. dismissed - Accused after putting in appearance may move an application for dropping the proceedings or can argue the case for discharge at the time of framing of charge...........
Criminal Procedure Code, 1973, Section 401, 482 -- An order against which revision lies cannot be challenged u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 494 -- Second marriage - Divorce petition - Husband contested divorce petition but thereafter he did not appear - Exparte order of divorce passed - Wife contracting second marriage - No offence under S.494 IPC is made out - It was though an exparte decree, but it was not that ex parte decree where husband was absent from beginning -..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Limitation - Appeal must be filed within 90 days and not 60 days from date of order appealed from...........
