Criminal Procedure Code, 1973, Section 397(2) -- Revision - Interlocutory order - Order issuing standing warrant of arrest - Held, it is an interlocutory order - No revision lies against it...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Proclaimed offender - Offence under NDPS Act - Challan not presented within 180 days i.e. prescribed period and application for grant of bail filed after expiry of 180 days - Held, bare perusal of S.167 (2) Cr.P.C. shows that there is no..........
Criminal Procedure Code, 1973, Section 200, 468 -- Defamation - Private complaint - Cognizance of offence - Magistrate took cognizance on 20.10.2005 - Again took cognizance on 26.07.2008 - Held, it is well-established principle that Magistrate cannot take cognizance on a complaint on two occasions - Therefore, subsequent order dated 26.07.2008 taking cognizance of offence..........
Criminal Procedure Code, 1973, Section 200 -- Cognizance - Held, it is just an application of mind by Magistrate - In order dated 20.10.2005, he has mentioned that he has perused complaint and has taken cognizance - This much of application of mind is sufficient and order taking cognizance is just and proper - There is no necessity for Magistrate to assign reasons for..........
Civil Procedure Code, 1908, Section 21, 100 -- Jurisdiction - Objection as to - Appellant raised objection as to place of suing but lower appellate Court allowed appeal without considering as to whether there was any failure of justice to appellant on account of lack of territorial jurisdiction - Impugned order set aside - Lower appellate court directed to decide appeal..........
Indian Penal Code, 1860, Section 294, 354, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Petition to quash - One `S' put his hand on victim's shoulder and despite several objections said `S' continued with such activities and tried to put his hand on her chest and pulled her clothes - Informant stopped bus and threatened `S' to report the..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23, 25 -- Remand - Trial Court directed to appoint Commissioner for site inspection and decide ownership of disputed plot on the basis of report of Commissioner - Held, Local Commissioner cannot be appointed to collect evidence nor can ownership be decided on the basis of report of Commissioner - On the other hand, case does..........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Detention in civil prison - Decree of perpetual injunction - Breach of decree - Other modes of complying the decree viz. to attach the property, providing an opportunity to the J.D. to obey the decree etc. not adhered to - Order of detention in civil prison can be passed as the last resort - Impugned order set..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Validity - Applicant/accused not deny that he had given cheque to opposite party No.2/complainant - Contention that he had given that cheque to opposite party No.2 to pay fee of coaching institute where applicant's son intended to join - Name..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Amendment of complaint - Mistake in cheque number - Not only in pleadings of complaint, but in notice as well as in affidavit filed by complainant, number of cheque wrongly mentioned - Held, no provision for amendment in Cr.P.C. - Amendment in complaint cannot..........
