Criminal Procedure Code, 1973, Section 439, 439(2) -- Cancellation of bail and challenging order granting bail - Difference - While considering the application for cancellation of bail, Court ordinarily looks for some supervening circumstances like tampering of evidence either during the investigation or during the trial, threatening of witness, accused likely to abscond..........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Court while dealing with cancellation report filed in matrimonial case especially where complainant accepted such cancellation report, ought to proceed in a compassionate manner and not with a pedantic approach...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of complainant reiterating the contents of FIR/complaint not substantiated by any credible material cannot be a ground to invoke the discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
Criminal Procedure Code, 1973, Section 156(3), 154(1), 154(3), 465(2) -- Application u/s 156(3) Cr.P.C. - Non-compliance of Ss.154(1), 154(3) Cr.P.C - Charge alleging commission of offence punishable u/s 406 IPC was already filed after detailed investigation - Petitioner did not challenge the proceedings before filing final report by police - In view of protection u/s..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Prosecutions regarding distinct and independent transactions, concession u/s 427 Cr.P.C cannot be extended to a prisoner - Benefit of S.427 Cr.P.C can be extended to a prisoner ordinarily where prosecution is based on single transaction...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Direction for concurrent running of sentences would be limited to the substantive sentence alone...........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Joining of defendants - Provision U.O.1.R.3 CPC would be attracted only when right to relief against defendants is said to be in respect of the same acts or transactions and common questions of law or facts would arise if separate suits were brought against them...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Recovery of arrears of maintenance - Attachment of retirement dues of deceased mother of husband - Retirement dues of mother of husband after her death coming to the hands of husband, cannot be termed as retiral dues or service benefits of his mother - Said amount as tangible corporeal property is..........
