Criminal Procedure Code, 1973, Section 200 -- Summoning of accused - For issuing the order of summoning Magistrate could not have relied upon same material which was before him when he passed the order calling for report u/s 202 Cr.P.C - The reason is that Magistrate was not satisfied that material was sufficient to pass summoning order - Order issuing process has drastic..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Partly allowed - Suit allowed to be withdrawn - Liberty to file fresh suit on the same cause of action not granted - Plaintiff is rendered remediless - Impugned order to the extent not granting liberty to file fresh suit set aside - Plaintiff..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Partly allowed - Suit allowed to be withdrawn - Liberty to file fresh suit on the same cause of action not granted - Plaintiff is rendered remediless - Impugned order to the extent not granting liberty to file fresh suit set aside - Plaintiff..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted by Single Judge of High Court - Bail cancelled by another single Judge of same High Court - Bail cancelled by examining merits of allegations - Cancellation of bail is totally uncalled for and tantamounts to judicial impropriety/indiscipline - Order cancelling bail quashed and set aside...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to an accused can only be cancelled if Court is satisfied that after being released on bail: (i) accused has misused the liberty granted to him; (ii) flouted the conditions of bail order; (iii) that bail was granted in ignorance of statutory provisions restricting the powers of Court to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted by Single Judge of High Court - Bail cancelled by another single Judge of same High Court - Bail cancelled by examining merits of allegations - Cancellation of bail is totally uncalled for and tantamounts to judicial impropriety/indiscipline - Order cancelling bail quashed and set aside...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to an accused can only be cancelled if Court is satisfied that after being released on bail: (i) accused has misused the liberty granted to him; (ii) flouted the conditions of bail order; (iii) that bail was granted in ignorance of statutory provisions restricting the powers of Court to..........
Criminal Procedure Code, 1973, Section 202(2) -- Inquiry u/s 202(2) Cr.P.C - Only three witnesses of fact have been examined at the stage of inquiry before summoning the accused - Admittedly, doctor who examine injured has not been summoned and examined u/s 202 Cr.P.C - Magistrate did not find necessary to call upon complainant to examine all his witnesses on a premise..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Order returning plaint U.O.7.R.10 CPC is appealable U.O.43.R.1(a) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant restrained from alienating the property or creating any charge on the same and not from using the property - In civil litigation involving property, suit property needs to be protected - Order partly allowing application, upheld...........
