Criminal Procedure Code, 1973, Section 482 -- Initial action if not in consonance with law then all subsequent and consequential proceedings fall through for the reason that illegality strikes at the root of the order...........
Criminal Procedure Code, 1973, Section 482 -- Scope - Provision of S.482 Cr.P.C. is not applicable to initiate criminal proceedings or set the criminal law in motion - Inherent jurisdiction can be exercised if the order of Subordinate Courts results in the abuse of the 'process' of the Court and/or calls for interference to secure the ends of justice...........
Criminal Procedure Code, 1973, Section 362, Constitution of India, 1950, Article 137 -- Review of Judgment - There is no power of review with the Criminal Court after judgment is rendered - Court becomes functuous officio the moment the order for disposing of a case is signed - Such an order cannot be altered except to the extent of correction of a clerical or arithmetical..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution proceedings - Application alleging disobedience of injunction order - Held, executing court would have to adjudicate upon application alleging disobedience of injunction on touchstone of O.21.R.32 CPC - It is only after executing court is satisfied that there is a willful default/disobedience of said order that..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document exhibited - Exhibit marked cannot be ordered to be deleted as the same Court is not empowered to review or revise its own order or judgment...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Evidence of plaintiffs already concluded - Alleged interrogatories sought to be answered by plaintiffs were furnished by defendant when case was fixed for their evidence - Held, though interrogatories can be sought at any time but same has to be bona fide and without any delay - In this case, no explanation..........
Civil Procedure Code, 1908, Order 21, Rule 32,38 -- Execution - Injunction order - Disobedience - Detention in civil prison - Court is required to record a finding as to whether J.D. had an opportunity to obey the decree and have willfully failed to obey the same - Executing Court mechanically accepted the case made out by D.H. - Impugned order set aside...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1,2 -- Interim injunction - Implementation - Police help - Court has got ample power to enforce its order - Trial Court can issue appropriate direction or order to local authorities and administration to ensure compliance of injunction granted by it in pursuance to inherent power conferred by S.151 of the Code and it..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - High Court framed more issues at the time of hearing without giving any opportunity to parties to lead their respective evidences - Held, Court can exercise jurisdiction only on the basis of substantial question of law framed at the time of admission - Impugned order set aside...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section , Order 9, Rule 8 -- Delay - Condonation - Delay in preferring appeal against order dismissing application for restoration of suit dismissed in default - Court to adopt summary procedure by directing parties to file affidavits and counter affidavits of the..........
