Criminal Procedure Code, 1973, Section 439 -- Bail - Double murder case - All the accused have remained in custody for less than three years for such a serious offence of double murder for which they have been charged - Accused have previous criminal history and there have been allegations that three of accused herein have threatened one of the key eye-witnesses in open..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim order of deposit of rent - Trial Court without deciding an application for temporary injunction passed order directing vendee to deposit the rent - It was not appropriate to pass such an order directing vendee to deposit rent after collecting it from tenants particularly when sale deed has..........
Criminal Procedure Code, 1973, Section 128, 125, 127 -- Enforcement of order passed u/s 125 or S.127 Cr.P.C - Territorial jurisdiction - Order passed u/s 125 Cr.P.C or S.127 Cr.P.C can be enforced by Executing Court even if party against whom such order is made resides outside its jurisdiction...........
Criminal Procedure Code, 1973, Section 125, 362 -- Dismissal of petition for non prosecution - Recall of order - Embargo contained u/s 362 Cr.P.C is relaxed in proceedings u/s 125 Cr.P.C - Court having not become functus officio after passing of final order as such recall application filed seeking restoration of case u/s 125 Cr.P.C, cannot be rejected by assigning a reason..........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
Criminal Procedure Code, 1973, Section 439, 441 -- Bail - Surety conditions - Court should examine socio economic conditions of a prisoner while fixing surety conditions - Such conditions should not be fixed which cannot be satisfied by prisoner on account of his destitute circumstances or conditions of want or deprivation faced by him - Onerous or arbitrary conditions..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of investigation commissioner - Right of pre-emption - Pre-emptor in the case has simply to prove that he was an adjacent owner - Such proof could easily be accomplished on the basis of respective title deeds, mouza map, record of right, land plan annexed to deeds etc. - Local features of the plots would hardly be..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 354, 323, 313, 34 -- Anticipatory bail - Cruelty - Allegations against parents-in-law regarding cruelty and dowry demand not proved, as complainant left the matrimonial home and complaint filed after a gap of almost one year - Documents placed on record reveal that no list qua articles..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No case of prosecution that any of condition so stipulated while granting bail has been violated or there has been infraction of any of conditions so imposed - In the absence of there being a strong prima facie case on the conditions of bail having been violated, it would not be appropriate for said..........
