Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of judicial mind - Direction issued to Registrar General to issue a circular/memorandum in accordance with law to all District Judges in State of UP intimating them to inform all judicial Officers not to use `Printed..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Normally Magistrate directs police to file a report on the basis of complaint filed u/s 156(3) Cr.P.C. - However, in the instant case Magistrate directed police to file FIR which itself clearly indicates that he has not applied his mind - Impugned order quashed...........
Criminal Procedure Code, 1973, Section 156(3), 197 -- Complaint u/s 156(3) Cr.P.C. - Police official discharging his official duty - There must be a prior sanction to proceed against such officer - Filing of private complaint itself is abuse of process of law - Moreover, entertaining such complaint and directing to register FIR without applying mind by Magistrate is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Once finding of fact recorded by two Courts below are justified and based on due appreciation of evidence, re-appreciation of evidence at the stage of second appeal in order to draw a different conclusion is not warranted...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Additional issue - Suit for declaration and possession - Defendant raising plea of adverse possession - Framing of additional issue with regard to adverse possession - Trial Court striking issue in that regard placing onus of proof upon defendant - Order upheld...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of L.R's - Two independent proceedings - It cannot be said that substitution application filed in one proceeding is sufficient and only formal application is required in other proceeding - Substitution application not properly filed and Court in place of taking liberal view, took a arbitrary view which cannot be..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Publication of proclamation was effected on 15.12.2018 - Mandatory period of 30 days had not elapsed on 21.12.2018 - Case was adjourned solely for the said reason to 18.1.2019 when order in question was issued - Order passed u/s 82(1) Cr.P.C is in violation of statutory procedure prescribed under Cr.P.C, as period..........
Civil Procedure Code, 1908, Section 100, Order 9, Rule 9 -- Second appeal - Order passed U.O.9.R.9 CPC do not have trappings of decree - Second appeal u/s 100 CPC held, not maintainable...........
Criminal Procedure Code, 1973, Section 31 -- Sentence - Conviction for two or more offences - High Court in revision maintained the conviction but found that order as to sentences to run consecutively not correct and ordered the sentences to run concurrently - Direction issued by High Court is in consonance with provision of S.31 Cr.P.C. which confer full discretion to..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Standing Instructions 1, 2.2, 2.3 of 1989, Criminal Procedure Code, 1973, S.439 - Recovery of 214 kg Ganja in 107 packets - Bail - It is not known from which packet sample was taken out - There is thus, violation of 2.2 of Standing order 1/89 - Neither panchnama nor complaint nor remand report makes a mention about..........
