Civil Procedure Code, 1908, Order 21, Rule 89 -- Calculation of amount to be deposited by JD - Challenge to - High Court found calculation in order but chose to give one opportunity to judgment debtor to deposit the amount - Held, exercise of discretion by High Court cannot said to be erroneous or contrary to Law - No interference is called for - SLP dismissed in limine...........
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Issue of process or summons - Order is intermediary or quasi final in nature and not interlocutory in nature - Aggrieved party has remedy of revision either in High Court or District Court...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3) -- Sanction for prosecution u/s 19 of Prevention of Corruption Act - Once it is noticed that there was no previous sanction, Magistrate cannot order investigation against a public servant while invoking powers u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 471, 420 -- Compounding of offence - Bank loan taken on forged documents - Amount repaid in pursuance to order of Debt Recovery Tribunal - It cannot be said that there is a compromise between the offender and the victim - Held, it is not a ground to quash criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Complaint filed by appellant, alleging that he had been kidnapped, illegally detained, terrorized and threatened by respondents - Investigation concluded and respondents charge-sheeted only for offences u/ss 323 and 343 of IPC - Application for pleading guilty filed by respondents - Trial Court proceeded in great haste and..........
Foreign Exchange Regulation Act, 1973, Section 56, 61, 62, Criminal Procedure Code, 1973, Section 407, 439 - - Offence under the Act - Held, not exclusively triable by Magistrate of 1st class - Transfer of case to special Judge not illegal - It does not have effect of taking away right of appeal - Appeal from order of Special Judge can be preferred to High Court...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed only when evidence sought to be produced could not be produced at the stage of trial inspite of exercise of due diligence and that evidence could not be produced as it was not within his knowledge - In instant case, appellants (public authority) has sought to produce a..........
National Investigation Agency Act, 2008, Section 21, Criminal Procedure Code, 1973, Section 439 -- Appeal against order of Special Court passed under the Act refusing or granting bail - Held, it lies only to a bench of two Judges of High Court...........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Procedure to be adopted - Held, in exceptional cases where there are compelling circumstances and judgment under appeal is found to be perverse, appellate court can interfere with order of acquittal - Appellate court should bear in mind presumption of innocence of accused...........
Civil Procedure Code, 1908, Section 80 -- Notice - Leave of Court to institute suit without serving notice u/s 80(1) CPC - Merely filing of an application is not sufficient - Leave is not presumed to be granted unless Court is satisfied with regard to the urgency or requirement of immediate relief in the suit and till a final order is passed granting the said application...........
