Criminal Procedure Code, 1973, Section 173 -- Reinvestigation - Reinvestigation of the same offence or the same set of facts is impermissible...........
Criminal Procedure Code, 1973, Section 386(b) -- Appeal against conviction - Appellate Court has no power to direct reinvestigation u/s 386 Cr.P.C...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of consideration of a petition for discharge what is to be considered whether there is a `prima facie' case and certainly, the endeavour cannot be to find whether `clinching' materials are there or not...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - In an application U.O.7.R.11 CPC, Court has to look into the averments made in the plaint and the document filed along with the plaint alone - At that stage, Court cannot look into the written statement or documents filed along with written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaintiffs are entitled for the relief sought in the suit and whether suit is within stipulated period of limitation are mixed question of facts and law and same have to be decided on trial and cannot be a ground for rejection of plaint, especially the burden lies upon plaintiffs to establish..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and unstamped agreement - No sale of property was effected by agreement in question - It is only a memorandum which states prior settlement between parties - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Claim petition U.O.21.R.58 CPC not maintainable in the absence of attachment existing over property...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - When decree was passed a charge had been created for the decree debt over the property, which was mortgaged - If so, in the absence of any attachment existing over the property, there is no question of any claim or objection being raised U.O.21.R.58 CPC - Claim petitioners cannot in the guise of..........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Presence of informant or any person authorised by him or her is obligatory at the time of hearing of application for bail in an offence u/s 376(3), 376AB or S.376DA or S.376DB of IPC...........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
