Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - While granting bail relevant factors not considered - Plea that accused has not violated any condition of grant of bail till date - Plea declined - Bail application dismissed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Name of respondent is no doubt mentioned in FIR and overt act is attributed to him - However, during course of investigation, I.O recorded statements of witnesses who stated that respondent was not present at the place of occurrence at the time of incident - Even colleagues of respondent also..........
Criminal Procedure Code, 1973, Section 207, 208 -- Supply of deficient/illegible documents - Proceedings under Prevention of Money Laundering Act (PMLA Act) - Neither S.207 Cr.P.C nor S.208 Cr.P.C can be applied mutatis mutandis to proceedings under PMLA Act - Matter is at the stage of pre-charge consideration and this stage cannot be construed to be a stage of trial -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 384, 511 -- Quashing of FIR - Offence u/ss 306, 384, 511 IPC - Direct role and involvement of accused in crime is apparent from perusal of FIR - Investigation of case is still going on - At the preliminary stage, it cannot be said that FIR is liable to be quashed - Application for quashing..........
Criminal Procedure Code, 1973, Section 91, 227 -- Production of documents - Case at the stage of framing of charge - Trial Court is not to look into defence set up by accused at this stage, which he can lead only during trial at appropriate stage - Moreover, in application except for CCTV recording, there is no reference to relate other documents in alleged incident -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Application by wife - Merely because father of husband is a Senior Advocate at place `S' does not mean that he is capable of interfering in judicial proceedings or would do so - It is difficult to believe that for that reason, wife is finding it difficult to get services of lawyer at place `S' - If..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Demarking of document - Agreement to sell filed along with plaint - Defendant does not take any objection with regard to said document either in his written statement or at the time of its marking - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Petitioners who claiming themselves to be legal heirs/legal representative of deceased plaintiff, could not prove his death - Even death certificate of deceased filed by petitioners is forged - Petitioners thus, not entitled for any relief - Application for substitution held,..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a PW1 for further cross-examination - Petitioner cross-examine PW1 on three separate occasions and she had a counsel at that point of time, who participated in cross-examination and such cross-examination was done in her presence - It is also not denied by petitioner that till date she had avoided going into..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of LRs of deceased defendant - Maintainability of application - There is no bar for filing application U.O.1.R.10 CPC, even when application U.O.22.R.4 CPC was dismissed as not maintainable - Legal heirs of deceased person in such a matter can be added parties..........
