Criminal Procedure Code, 1973, Section 202 -- Provision of S.202 Cr.P.C. is mandatory even in a Government complaint case - Non compliance of mandatory provision of S.202 Cr.P.C. as petitioners are stationed at Delhi - Order taking cognizance set aside...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Defendant seeking permission to lead additional evidence after closure of his evidence - Same allowed only on the ground that plaintiff will have a right to cross examine the witness without going into the question whether same could be allowed once the evidence of defendant was closed - Order totally cryptic..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Notice to complainant - Matters of issue of bailable warrant and representation of accused is between accused and Court - Complainant need not be heard - Moreover, in order to avoid delay in disposal of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Magistrate neither received or called for any report from police regarding non-execution of bailable warrant, nor he was satisfied that accused was avoiding Court's proceedings intentionally - Non-bailable..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Murder case - High Court while suspending sentence of accused has gone into issues like political rivalry, delay in lodging FIR, some over writings in FIR etc. - All these aspects will have to be looked into at the time of final hearing of appeals filed by accused - Order of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Carriers by Road Act, 2007, Section 16 -- Rejection of counter claim - Counter claim against common carrier in respect of claims for damages for the loss of reputation, business opportunity etc. - Such claims are not in connection with damage or loss to the consignment - S.16 of the Act of 2007 does not come into play -..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Inordinate delay in placing the order of sanction before Court - May entitle accused for grant of regular bail but not a ground to pray for statutory/default bail u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed in time - Accused cannot claim default bail on the ground of non filing of sanction order...........
Criminal Procedure Code, 1973, Section 173(2), 173(8), 158 -- Re-investigation/further investigation - S.173(3) r/w S.158 Cr.P.C does not permit Secretary (Home) to order for further investigation/reinvestigation by another agency, other than Officer in charge of concerned Police Station and/or his superior officer...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Case reserved for judgment - At this stage O.9.R.7 CPC cannot be invoked...........
