Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action in earlier suit and subsequent suit same - In the earlier suit, plaintiff intentionally relinquished a portion of his claim - Held, plaintiff would not be entitled to sue subsequently in respect of portion of his claim so omitted or relinquished...........
Criminal Procedure Code, 1973, Section 360, 361, Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - If Court chooses not to apply either of S.360 Cr.P.C or Ss.3, 4 of P.O. Act, it is required to give special reasons for not applying beneficial provision in case accused offender otherwise, is eligible for said provisions...........
Criminal Procedure Code, 1973, Section 439, 167(2)(a)(i) -- Second bail application - Maintainability - First bail application u/s 167(2)(a)(i) Cr.P.C is rejected by Magistrate - Revision would lie before District Judge against such an order passed u/s 167(2)(a)(i) Cr.P.C - Application u/s 439 Cr.P.C would not be maintainable against such an order - Second bail application..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 452, 120B -- Cancellation of bail - Murder - Prima facie material against accused is on record - Mere examination of wife of deceased cannot be considered as a change in circumstance for High Court to consider fourth bail application of accused and enlarged him on bail - Bail granted to..........
Criminal Procedure Code, 1973, Section 111 -- Preliminary order u/s 111 Cr.P.C - Without giving reasonable opportunity to petitioner - Petitioner is a History Sheeted Rowdy and he breached the conditions and committed the offence u/ss 204(b), 323, 341, 506(2) IPC - Even, after executing bond, petitioner involved in another criminal case - Magistrate after conducting..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - First date of remand is to be excluded and last date of remand is to be included - Last day Sunday or holiday will be included in computing statutory period for default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Default bail is indefeasible right of accused - Same cannot be defeated by prosecution by subsequent filing of charge-sheet...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - In absence of pleadings, no amount of evidence can be looked into...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Issue regarding non proving of Will - Both the Courts below considered the evidence and concluded that attesting witness has proved the Will - That being finding of fact affirmed by two Courts cannot be assailed in second appeal when no perversity is pointed out...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application seeking extension of period for submitting challan was filed and accused contested the said application - However, accused did not choose to pursue and press his application pending for default bail - Period extended for submitting challan - Accused after 6 months of date of filing of his original..........
