Criminal Procedure Code, 1973, Section 190, 197 -- Sanction for prosecution - Cognizance of offence - Police officer visited house of informant for arresting sons of informant for committing non cognizable offences - Inspite of due warnings by police officers, informant did not open the door - Police officers entered house of informant by applying force and arrested sons..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application to set aside ex parte decree filed after two years of service of notice in the execution petition - Application for setting aside ex parte decree is highly belated - Order dismissing application, upheld...........
Criminal Procedure Code, 1973, Section 145, 146 -- Attachment of property - Title of parties not clear - Three parties claiming title over it and attempting to take possession of disputed land - Courts below committed no error while attaching the property - No interference warranted - Petition for quashing attachment order dismissed...........
West Bengal Premises Tenancy Act, 1997, Section 7(3), Civil Procedure Code, 1908, Section 11 -- Eviction petition - Striking off defence - Res judicata - Earlier revisional application contained a ground challenging jurisdiction of Court and Court has not expressly granted relief sought for - Such relief shall be deemed to have been refused - Defendant having not proceeded..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Witness examined and cross examined - Order for recall and examination of witnesses cannot be granted on mere asking...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Notice whether received by accused or not is a disputed question of fact which has to be decided as per evidence to be adduced by the parties during course of trial...........
Criminal Procedure Code, 1973, Section 111, 107 -- Order u/s 111 Cr.P.C. - Law does not contemplate any preliminary enquiry u/s 111 Cr.P.C. to find out truth of information - Question of finding out truth of information will come only during course of enquiry u/s 116 Cr.P.C...........
Criminal Procedure Code, 1973 -- Show cause order - Order u/s 111 Cr.P.C merely mandates Executive Magistrate to give substance of information that had led to form an opinion to initiate proceedings u/s 107 Cr.P.C. - Said provision does not contemplate that Magistrate should record his opinion or give reasons for initiating proceedings, as S.107 r/w S.111 Cr.P.C. is not..........
Criminal Procedure Code, 1973 -- Show cause order - Judicial Review - Order u/s 111 Cr.P.C is only an interlocutory order, as it does not determine rights of parties - It is not a final order, thus, not revisable u/s 397 Cr.P.C. - Judicial review of order passed u/s 111 Cr.P.C is also very limited and can be subjected to review u/s 482 Cr.P.C. and Art.226 of Constitution,..........
Civil Procedure Code, 1908, Order 9, Rule 4, 6 -- Ex parte proceedings - Setting aside - Brother contesting the suit - No explanation as to how petitioner remained oblivious of the proceedings despite the fact that her brother was contesting the same - Application filed only to delay the proceedings - Order allowing petitioner to join the proceedings at the stage at which..........
