Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - Procedural/review/recall of order accepting final report is permissible where no notice was served upon first informant despite being statutory mandate...........
Criminal Procedure Code, 1973, Section 156(3), 202, 203 -- Application u/s 156(3) Cr.P.C - First stage at which cognizance of offence alleged in the application u/s 156(3) Cr.P.C is taken is after inquiry conducted u/s 202 Cr.P.C which reveals sufficient ground for proceeding and application u/s 156(3) Cr.P.C is not dismissed u/s 203 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 506, 451 -- Delay in lodging FIR - Offence u/ss 354, 506, 451 IPC - There is a considerable delay in the registration of FIR which goes to show that a story has been created to implicate accused for some ulterior motive - Occurrence took place purportedly at about 2.00/2.30 A.M. in the night..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - It is not open for Court to re-assess the evidence to record independent finding of fact - However, it is open for appellant to satisfy the Court that findings of fact recorded by Courts below are inconsistent with the evidence on record and hence perverse...........
Civil Procedure Code, 1908, Section 51 -- Execution - Decree to demolish house - Executing Court has all the powers within provision of S.51 CPC to determine all questions relating to and including identity of structures which were the subject matter of decree - These powers can be exercised in various manners by executing Court including by appointing a Commissioner,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Marriage between the husband and wife is not disputed - Even the birth of daughter out of said wedlock is also not disputed - Wife is living in her maike along with her daughter with sufficient reason - Salary of husband @ Rs.25,000 p.m not disputed besides income from truck business - Parents..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Date from which payable - Maintenance petition was filed when wife and daughter were neglected to be maintained and they were in need for maintenance amount from husband which he was not paying - Maintenance held, payable from date of filing of maintenance petition...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner is behind the bars for the last 7 months and 6 days - Investigation is complete - Charges were framed and trial of case has not made much progress - Out of 14 PWs, no PW has been examined so far - Culpability of petitioner..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Unexplained delay in lodging FIRs is commonly considered fatal to prosecution's case - In the instant case, delay was never even acknowledged much less explained - Thus, necessary benefit of such an omission must accrue to accused...........
