Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for declaration and injunction - Defendant during pendency of suit entered into agreement to sell with petitioner and received an advance amount of Rs.5 lakhs - Right of petitioner is subservient to rights of defendant in the suit and subject to any adjudication and decision to be made in the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Defendants by playing fraud on basis of registered power of attorney executed sale deed in their own name - Suit land is ancestral property of plaintiffs - Prima facie case is in favour of plaintiffs - Trial Court after considering all aspects, balance of convenience and irreparable..........
Evidence Act, 1872, Section 65B(4), Criminal Procedure Code, 1973, Section 91 -- Certificate u/s 65-B(4) of Evidence Act - Main documents in respect of which certificate u/s 65-B(4) of Evidence Act is required, already marked or produced - There is thus, no bar to produce such certificate at a later stage of trial of case - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - If some mistake is committed in not producing relevant documents at the time of submitting charge sheet, it is always open to I.O to produce the same with permission of Court...........
Criminal Procedure Code, 1973, Section 91, 311 -- Production of documents - Failure of prosecution to file a document along with charge sheet is an omission constituting a procedural lapse only - Procedural lapse cannot be placed at par with substantive violation of law...........
Criminal Procedure Code, 1973, Section 91, 311, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Production of documents - Offence u/ss 13(1)(d), 13(2) of P.C Act - Production of an additional document during course of trial and summoning an additional witness to prove document cannot be found to be totally impermissible under law in cases under P.C Act...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to investigate - Can be ordered only at pre-cognizance stage, that is to say, before taking cognizance u/ss 190, 200 & 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2) -- Fifth bail application - Bail granted - Cancellation of bail - Bail granted by holding that no overt act is assigned to accused whereas there is specific allegation that accused actively aided the commission of crime by furnishing information about movements of deceased - High Court failed to consider seriousness and gravity..........
National Investigation Agency Act, 2008, Section 21(1)(2), Unlawful Activities (Prevention) Act, 1967, Section 20, 38, Indian Penal Code, 1860, Section 124A -- Offence u/s 20 & 38 of 1967 Act and S.124-A of IPC - Order of Special Court refusing to discharge accused - In revision Single Judge of High Court discharged the accused - - Held, revision against order passed by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court while exercising its power u/s 482 Cr.P.C to quash FIR instituted against accused should have applied following two tests: (i) whether allegations made in complaint, prima facie constitute an offence; and (ii) whether the allegations are so improbable that a prudent man would not arrive at the..........
