Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - If any extraneous material forms part of consideration of Magistrate of Court concerned as incentive for taking cognizance and issuing summons in such matter, then entire proceeding is vitiated and summoning order cannot be sustained in the eye of law...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Locus standi - Where allegations are of tampering with Court order and for whatever reason State has not filed application for cancellation of bail, locus is not that much important and it is insignificant...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cancellation of bail - Cheating - Allegation against accused are very serious of tampering and/or manipulating Court record and accused has taken benefit of such forged manipulated Court order in another case - Charge sheet is filed against accused and even charges..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned on basis of even examination-in-chief of witness and Court need not wait till his cross-examination - If on basis of examination-in-chief of witness Court is satisfied that there is a prima facie case against proposed accused, Court may in exercise of powers u/s 319..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 323, 324, 326, 341, 149 IPC - Injured eye witness who was the first informant, disclosed the names of private respondents and specifically named them in the FIR - But on the basis of some enquiry by DSP they were not charge sheeted - However, it is not that I.O did not find case..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5, Order 43, Rule 1(c) -- Composite application U.O.9.R.9 & S.151 CPC and S.5 Limitation Act - Rejection of said application - Appellate Court held that order passed amount to an order passed U.O.43.R.1(c) CPC and appeal thereagainst is maintainable - There is no order on merits of the..........
Custody of child -- Writ of habeas corpus - Proceedings in the nature of habeas corpus may not be used to examine question of custody of a child - Power of High Court in granting a writ in child custody matters may be invoked only in cases where detention of a minor is by a person who is not entitled to his/her legal custody...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Appeal against order granting bail - Brutal murder of son of complainant committed by accused - Postmortem report of deceased would indicate as many as eight ante mortem injuries - Bail granted having regard to the larger mandate of Art.21 of the Constitution - Though protection of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Declined by trial Court - Appeal against order dismissing application U.O.39.Rr.1, 2 CPC filed beyond the statutory period of 30 days - No justification either in pleadings or during course of arguments for not filing statutory appeal within stipulated time despite copy of order having been supplied..........
Agreement to sell -- Proof - Agreement not signed by plaintiff - Agreement thumb marked by defendant and witnessed by `S' and `K' and bearing seal of Oath Commissioner - None of those persons supported execution of document - Agreement to sell not proved - Decree of specific performance rightly set aside by first appellate Court...........
