Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - An order of Magistrate rejecting an application u/s 156(3) Cr.P.C. for a direction to police to register and investigate, is not an interlocutory order - Such an order affects the valuable rights of complainant and is a matter of moment - Access to remedy of..........
Criminal Procedure Code, 1973, Section 397(2) -- Term `interlocutory order' - An order which deals with matters of moment and which affects or adjudicates upon rights or a particular aspect of trial is not an interlocutory order so as to be outside the pale of revision...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - A prospective accused is entitled to be heard in revision u/s 397 Cr.P.C. against an order rejecting application u/s 156(3) Cr.P.C. - Fact that in the event of remand by revisional Court to Magistrate, for fresh consideration of an application u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 102, Foreign Exchange Management Act, 1999, Section 36 -- Seized articles - Handing over to enforcement authorities - Police cannot decide to hand over the seized articles to enforcement authorities - In case some other agency or authority has right to claim over the seized articles, a report has to be filed before Magistrate..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Hindu Adoptions and Maintenance Act, 1956, Section 22, 21 -- Suit for recovery of arrears of maintenance and fixation of future maintenance - Trial Court created charge upon property of defendant with further direction that defendant will seek permission of Court in case he wants to sell the property - Prima facie case is in..........
Civil Procedure Code, 1908, Order 15A -- Suit for declaration - Application by defendant for direction to plaintiff to deposit rent - It is landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by defendant/tenant, pending suit - There is no provision in CPC which enables defendant in the suit to file an..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing of written statement within prescribed period - Striking off defence - Provision of O.8.R.1 CPC is directory and not mandatory in nature - Order dismissing application for striking off defence of defendant, upheld...........
Criminal Procedure Code, 1973, Section 173 -- Final report - Before acceptance of Final report, all the aggrieved persons are required to be given a notice so as to provide them an opportunity to protest against the same - Admittedly, no notice was given by Court to petitioners before accepting the Final report - Impugned order quashed - Trial Court directed to issue..........
Indian Penal Code, 1860, Section 376, 342, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of charge - Prosecution of petitioners at the instance of prosecutrix completely malicious and malafide - Story set up by prosecutrix bereft of truth and appears to be false, improbable and unnatural - Prosecutrix did not come ahead to give her blood samples for DNA in..........
Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Quashing - Petition u/s 482 Cr.P.C. is maintainable even when remedy provided for filing criminal revision is not availed...........
