Criminal Procedure Code, 1973, Section 482 -- Quashing - Criminal proceedings cannot be quashed without notice to the original complainant...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Can be filed within a period of one month from date of service of notice of day fixed for hearing of appeal or within such time as allowed by Court...........
Criminal Procedure Code, 1973, Section 177, 178, 181, 407 -- Transfer of case from one P.S. to another P.S. - High Court transferred the investigation from one police station to another police station - Notice not issued to the informant - Held, that power of Court to interfere with an investigation is limited - Court cannot interfere with investigation at such an early..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Police can further investigate a case on its own volition or after obtaining a direction from Magistrate - After further investigation authority conducting investigation can either reach the same conclusion and reiterate it or it can record a different conclusion - During such extended investigation..........
Civil Procedure Code, 1908, Section 24 -- Transfer petition - Notice to other party - Court must issue notice to other party and hear him before passing any order on transfer petition - Court is to act judicially while ordering transfer on the application of a party...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting side - Case transferred from High Court to Additional District Sessions Judge - Three out of four defendants represented by counsel who was given notice - Notice of transfer not given to fourth defendant - Ex parte decree passed against fourth defendant set aside - It is not duty of counsel for three..........
Civil Procedure Code, 1908, Order 21, Rule 54, 66 -- Execution - Auction - When a property is sold it is mandatory to serve notice upon the person whose property is sold - Sale of property without notice to its owner is nullity and all actions pursuant thereto are liable to be struck down/quashed...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Execution - Auction - Notice - Has to be personally affected on the J.D. - Valuation of property is required to be done under O.21.R.66(2) Proviso - The estimate of the value of the property is a material fact to enable the purchaser to know its value - It must be stated accurately and fairly as possible so that the..........
Criminal Procedure Code, 1973, Section 468, 473 -- Condonation of delay - Complaint filed beyond period of limitation - No notice issued to accused to show cause as to why delay not be condoned - Before condoning delay, appellant not heard - Order condoning delay set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary parties - Suit for specific performance - Necessary parties are parties to contract, their legal representative or person who had purchased contracted property from vendor with or without notice - Any person claiming independent right in property in question, including co-owner or coparcener is not a necessary party..........
