Criminal Procedure Code, 1973, Section 203, 200, 156(3) -- Application u/s 156(3) treated as complaint - Dismissal of complaint by holding that no offence is made out - Even if the civil suit are pending between the parties, if any offence has been committed then it is the duty of the Court to take cognizance of the offence - Complaint can be dismissed only when there is..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Summoning of a witness - Without examining the relevance of evidence which may be tendered by the witness or the necessity of examining him as a Court witness or examining the question of prejudice if at all which is likely to be caused to the defence, if such witness not examined - Order allowing..........
Criminal Procedure Code, 1973, Section 145(1), 146(1), Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229D -- Proceedings u/ss 145 & 146 CrPC - SDM has no occasion to pass orders u/ss 145(1), 146(1) Cr.P.C. when the stay order passed u/s 229-D of the Z.A. Act was in operation...........
Civil Procedure Code, 1908, Order 21, Rule 97, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 12 -- Eviction - Recovery of possession - Tenant compromised eviction suit with landlord and agreed to vacate suit premises within stipulated period as reported in the compromise decree - Tenant did not vacate suit premises within stipulated time - Execution..........
Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Purchaser pendente lite - Impleaded as party - Cannot legally claim any independent right to contest the suit - He can only watch his interest alongwith other defendants, from whom, he had purchased the land, during the pendency of the suit, as contemplated under Order 22 Rule 10..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 323, 504 & 506 IPC and Ss.3/4 Dowry Prohibition Act - Applicant Nos.3 to 6 are mother-in-law, unmarried sister-in-law, aunt (sister of father-in-law) - It is highly improbable that the applicants had accompanied..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Grounds on which revisional power u/s 397 Cr.P.C. can be exercised - Held, (a) where finding, sentence or order is illegal or improper and (b) where proceedings are irregular...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Temporary injunction will become ineffective if police aid not granted as it is not possible for plaintiff to protect his possession - Order granting police aid does not suffer from any illegality or irregularity and the same is in accordance with law...........
Criminal Procedure Code, 1973, Section 245,401 -- Discharge - Revision - Nine accused persons charged u/ss 406, 511 r/w S.34 IPC - All accused persons moved application for discharge u/s 245(2) of CrPC - By impugned order Magistrate discharged seven accused persons - Remaining two accused persons challenged order of Magistrate by filing revision petition - Held, own..........
Criminal Procedure Code, 1973, Section 245,407 -- Discharge by trial court - Legality of - Held, trial court discharged accused Nos.3 to 9 and entertained their prayer for discharge in flagrant violation of mandate of solemn order of this court and decided questions of fact at pre trial stage without giving opportunity to both parties to adduce evidence - Order of..........
