Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 341, 323, 294, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section (1)(x)(xi) -- Discharge u/s 354 IPC and S.3(1)(x)(xi) of 1989 Act - It is apparent from FIR that opposite party Nos.2 & 3 intentionally insulted and intimidated petitioner with intention to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Order refusing to condone delay in filing first appeal and dismissal of appeal by First Appellate Court - Amounts to decree and second appeal from such decree will lie u/s 100 CPC...........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Ex-parte decree - Plea of no, service of notice of suit - Appellate Court cannot proceed on basis that summons was admittedly served on defendant - This plainly is contrary to pleadings and there is no possible justification of the same - Order of First Appellate Court in dismissing appeal set aside - Matter remitted..........
Civil Procedure Code, 1908, Section 151 -- Recalling of order - Lis cannot be successively brought back to life merely because litigant has right to file recalling application seeking restoration of his/her lis after each dismissal...........
Civil Procedure Code, 1908, Section 151 -- Recalling of order - Non-representation by advocate - In the instant case, advocate remained absent on one of the date due to dental pain and serious illness - However, there is no explanation given for no, representation on earlier dates - Even, it is evident that appellant is taking recourse of unacceptable tactics solely in..........
Criminal Procedure Code, 1973, Section 482 -- Cognizance - Quashing of order - At the stage at which case was poised for consideration, it was beyond the jurisdiction of High Court to quash the proceedings as the same is in excess of jurisdiction - Order of High Court set aside - Proceedings against accused directed to be continued from the stage where the same was..........
Criminal Procedure Code, 1973, Section 83 -- Absconder - Cancellation of attachment order - Property in question sold out before attachment - Order of attachment rightly cancelled by Court below...........
Indian Penal Code, 1860, Section 420, 406, 504, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Only allegation against accused is that co-accused in connivance of accused with mala fide intention misappropriated the share amount as also the profit accrued thereon - Neither accused used any defamatory language nor gave any threat or..........
Criminal Procedure Code, 1973, Section 397, 207 -- Revision - Maintainability - Order rejecting application for supplying copy of charge sheet u/s 207 Cr.P.C. - Said order is not deciding anything finally and may be termed as interlocutory order - Revision against said order is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Ad interim injunction - Violation - Police aid - Despite injunction order defendant illegally trying to interfere and threatening to dispossess - Police aid is to be granted - Police aid cannot be denied on the ground that wife of defendant filed another suit and obtained ex parte ad interim order...........
