Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Complaint filed before Special Judge under Prevention of Corruption Act - Direction to police for investigation - Special Judge has no power to order an investigation u/s 156(3) Cr.P.C. - Impugned order set aside - Complainant relegated back to pre cognizance stage -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Non-substitution of LRs - Before declaring a suit or proceeding to have abated on ground of non-substitution of heirs/LRs of a deceased party, Court must examine whether interest of deceased party qua subject matter of proceeding is sufficiently represented by other parties already on record - If..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction petition originally filed by competent person in his own right and on behalf of his minor daughter - Subsequent death of said person did not render eviction petition void or non est - Application U.O.7.R.11 CPC could not succeed merely on the ground that for a limited period minor petitioner was..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Applicants are not party to lis wherein order in question was passed - Even, in the said order there is no indication or reference as to how implication of such order would affect the case of applicants - Remedy as far as applicants are concerned lies elsewhere and not by way of a review as sought for -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter affidavit - Defendants are trying to withdraw clear admission made by them by way of proposed amendments - No valid reasons were mentioned in affidavit filed in support of application as to why proposed amendment is necessary for effective adjudication of lis pending between parties - Order allowing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Issues relating to state of mind of executants at the time of execution of settlement deeds, role of respondent Nos.1 to 3 in execution and use of settlement deeds, existence of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Adjudication of forgery, cheating or use of forged documents in relation to a settlement deed will always carry a civil element - Therefore, there cannot be any general proposition..........
Criminal Procedure Code, 1973, Section 362 -- Review - Once judgment or order is signed, no alteration or review of same is permissible except to correct a clerical or arithmetical error...........
Criminal Procedure Code, 1973, Section 362 -- Review - Order granting bail - Order granting bail reversed - There was no clerical or arithmetical error which had crept in - Impugned order set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, 223 -- (Criminal Procedure Code, 1973, Ss.190, 200) - Private complaint - Cognizance of offence - While taking cognizance of an offence based on a private complaint especially one filed as a protest complaint against a refer report filed by police, Magistrate shall take into consideration the refer report as well - It..........
