Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Submission of charge sheet before Court Sub-Inspector is not the same thing as submission before Court, because once it is filed, it is to be taken on record by passing a judicial order...........
Criminal Procedure Code, 1973, Section 397, Limitation Act, 1963, Section 5 -- Revision - Maintainability - Order passed u/s 5 of limitation Act can be considered as a final order - Revision against such an order is maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court below while allowing application for appointment of Local Commissioner did not mention the quantum of fee of Local Commissioner and who will pay the same and thus, left it to sole discretion of local commissioner - Said vague order set aside - Trial Court directed to pass fresh order...........
Criminal Procedure Code, 1973, Section 468, Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Limitation - Complaint u/s 12 of the Act - When only notice was issued on complaint preferred u/s 12 of PWDV Act seeking their response and no cognizance order was passed, limitation u/s 468 Cr.P.C cannot come into picture and will not be applicable...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of title in a simplicitor suit for injunction - Plea of title set up by defendant in his written statement - No challenge laid to the plea of title - Order framing additional issues relating to title, set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application must be disposed of along with appeal - However, appellate Court dismissed the application pending disposal of appeal, which is against law - Impugned order of set aside - Matter remanded for decision afresh in accordance with law...........
Criminal Procedure Code, 1973, Section 327 -- Proceedings in camera - When Presiding Officer is satisfied that open Court will not be conducive to either accused or victim or even for any other reason, he can order in-camera proceedings...........
Criminal Procedure Code, 1973, Section 327 -- Proceedings in camera - Prejudice to junior lawyers of profession and law interns is in fact an abstruse reason to challenge order directing holding of trial in-camera...........
Criminal Procedure Code, 1973, Section 327, 482 -- Proceedings in camera - Recall of order directing in-camera trial - Unless applicant is able to show that prejudice is caused on account of order directing in-camera proceedings to be held, Court ought not to exercise the inherent jurisdiction to interfere with satisfaction exercised by trial Judge - Petition dismissed...........
Criminal Procedure Code, 1973, Section 167(5) -- Investigation if not concluded within six months from the date on which accused was arrested in a case triable by Magistrate as a summons case - There cannot be an automatic order without anything else to stop investigation on expiry of six months from date of arrest of accused...........
