Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 of the Act as proclamation was `announced in the public' but not `read publically' - Order declaring accused as proclaimed person, set aside...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 Cr.P.C - Statement of executant police official was on a printed proforma instead of same having been recorded in Court, which raises doubt about compliance of S.82 Cr.P.C - Order declaring accused as proclaimed person set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision enumerated U.O.8.R.1 CPC is directory and not mandatory and power of Court to provide an extension to scheduled time for filing statement is not completely taken away...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Complaint filed in the year 2004 - Provision of S.202 Cr.P.C introduced in the year 2006 - Mandatory requirement of postponing issue of process because accused was residing at a place beyond area where Magistrate exercises his jurisdiction was not applicable when complaint was filed in 2004...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points of determination - Provision of O.41.R.31 CPC is mandatory - If judgment of appellate Court does not follow the provision of O.41.R.31 CPC judgment is vitiated...........
Civil Procedure Code, 1908, Order 9 -- Ex parte - O.9 CPC indicates that after participation by any of party in civil suit, if his counsel fails to appear or pleads "no instruction", civil Court would proceed ex parte - In absence of Rule, it is not mandatory either for trial Court or Appellate Court to issue fresh notice for appearance...........
Civil Procedure Code, 1908, Order 9 -- Ex parte - O.9 CPC indicates that after participation by any of party in civil suit, if his counsel fails to appear or pleads "no instruction", civil Court would proceed ex parte - In absence of Rule, it is not mandatory either for trial Court or Appellate Court to issue fresh notice for appearance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36 -- Contraband - Commercial quantity - Expeditious disposal of case - Directions issued: (i) Police report filed before Trial Court shall carry the details of officer heading the prosecuting agency; (ii) Head of prosecuting agency shall be responsible for supervising the progress of trial; (iii) on the day..........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Imposition of penalty to the extent of ten times is not mandatory and discretion lies with the authority...........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Imposition of penalty to the extent of ten times is not mandatory and discretion lies with the authority...........
