Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C treated as complaint case - Property dispute between parties - Parties are litigating the same before competent Courts - Considering all facts and circumstances of case order to treat application u/s 156(3) Cr.P.C as a complaint case seems to be just and reasonable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52 -- Ad-interim injunction - Right of inhabitant of an old age home to stay in such old age home - Possession of plaintiff in a room of an old age home is that of a licensee permitted to enjoy the possession, but without creating any interest in the property - Licensee has a legal right to stay..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Issue of res judicata - Issue of res judicata is a mixed question of law and fact depending upon pleadings of parties, the parties to the suit etc. - It is not a plea in law alone or which bars jurisdiction of Court or a statutory bar - Order of High Court directing trial Court to frame..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Absence of cogent reasons and failure to refer to relevant factors that weighted with Court to grant bail is also an important factor that persuade Appellate Court to interfere with the order passed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Bail - Rape - Cancellation of bail - Conduct of accused during bail has evoked a bona fide fear in the mind of complainant that she would not get a free and fair trial if he remains enlarged on bail and there is a likelihood of his influencing the material witnesses - Order..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Forged and fabricated Will - Accused filed civil suit for permanent injunction claiming relief of the basis of Will - In such suit burden will be on plaintiff to prove genuineness of Will to claim the relief - However, that does not prevent defendant/complainant to initiate criminal proceedings on the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Charge sheet submitted u/s 325 and other provisions of IPC - Magistrate not in agreement with charge sheet and he dropped S.325 and replaced it with S.326 IPC - No infirmity in the impugned order...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Reason for withdrawal of suit is that plaintiffs had no knowledge of Will before it was filed in the cross examination of P.W.1 - Case of plaintiffs does not fall under category of formal defect, nor is there any reason to fall within scope of sufficient ground..........
Criminal Procedure Code, 1973, Section 107, 397, 401 -- Order passed without jurisdiction - Revision thereagainst - Sale deed annexed with the petition suggest that petitioner has purchased the land in question and he ought to have been made a party which is not done - Order passed in absence of petitioner - That does not mean that petitioner is not entitled to challenge..........
