Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of stranger/third party - Stranger cannot be impleaded in the suit in order to support contesting defendant...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance - Court filled the words `cognizance' and `personal' in blank space which suggest that there is non-application of judicial mind - Order taking cognizance , set aside - Matter remitted back to concerned Court to pass afresh order in accordance with law...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate to order further investigation u/s 173(8) Cr.P.C is not taken away only because cognizance has already been taken of an offence...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Original complaint filed u/s 156(3) Cr.P.C was considered to be complaint by Magistrate and after disapproving final report proceeded to issue process after considering statements recorded u/ss 200, 202 Cr.PC - There is thus, sufficient ground to proceed u/s 204 Cr.P.C - No illegality in order of summoning..........
Indian Penal Code, 1860, Section 294, 506, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 294, 506 IPC - Cognizance of offence - Limitation - Incident occurred on 18 Feb 2010 - Complaint filed on 9 Mar 2010 well within the period specified and hence not barred u/s 468 Cr.P.C even though order of cognizance was passed on 5 Jan 2011 - Offences is to be reported..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of second complaint - Offence u/ss 499, 500 IPC - First complaint dismissed being barred by S.499 Fourth exception IPC - Revision filed thereagainst was withdrawn - This order cannot be construed to have permitted appellant to file a second complaint on identical set of facts - Second complaint rightly quashed...........
Criminal Procedure Code, 1973, Section 439, 438 -- Application to treat anticipatory bail granted by Court as a regular bail - Anticipatory bail granted by Court which extends till conclusion of trial - Impugned order of rejecting application without giving any reason is perverse and liable to be set aside - Matter remanded back to Court below for fresh decision...........
Criminal Procedure Code, 1973, Section 173 -- Re-investigation by different agency - No other Court except the Superior/Constitutional Courts is vested with the powers to order reinvestigation or transfer investigation of a case from one agency to another, to secure the ends of justice - In the instant case order passed by Magistrate is without jurisdiction to order..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 328, 120B -- Bail - Rape - High Court while allowing bail application has not taken into consideration relevant aspects which are required to be kept in mind - Considering fact that charge sheet has already been filed, accused is already charge sheeted and relevant material is also now a..........
Civil Procedure Code, 1908, Order 21, Rule 46, 46A -- Notice to garnishee - Executing Court should first attach the debt U.O.21.R.46 CPC before proceeding to pass order U.O.21.R.46-A CPC...........
