Criminal Procedure Code, 1973, Section 156(3), 174 -- Registration of FIR - Magistrate can order registration of FIR u/s 156(3) Cr.P.C during pendency of inquest proceedings before police...........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of mind is objectionable and deserves to be deprecated - Order taking cognizance and summoning order quashed - Matter remitted for taking decision afresh...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of assignee - Partition suit - Deed of assignment entered into in defiance of an injunction order - Applicant cannot claim to be impleaded as a party on basis of said assignment - Deed of assignment was a nullity or an illegality - Application dismissed with costs of Rs.2 lakhs...........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Court has to record valid reasons while forming an opinion of not accepting repeated closure reports submitted by investigating agency and for passing an order for further investigation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Acquittal u/s 256 Cr.P.C - Mistake on the part of advocate representing any party beyond knowledge of complainant should not act as a prejudice against his rights and contentions - Order of acquittal set aside...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit part of compensation - Non deposit - Suspension will either automatically be vacated, if provided in the order or said suspension can be vacated - To say that such amount can be recovered as fine would lead..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to register FIR - Where the complaint contains material particulars, mere fact that Magistrate passed order directing registration of FIR without recording any reasons, that itself cannot be reason to set aside said order...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Matrimonial dispute - Dispute between parties settled by obtaining decree of divorce by mutual consent - Criminal proceedings and order taking cognizance, quashed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - In order to exercise power u/s 100 CPC, involvement/formulation of substantial question of law is sine qua non...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For passing an order U.O.7.R.11 CPC, only averments in civil suit are to be seen and not any other documents - Whether averments made in suit are proved to be correct or false depends upon evidence which will come on record...........
