Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Rape - Accused by way of additional evidence summoned Deputy Commissioner of police on the ground that he had purportedly recorded video of crime scene in his mobile phone - However, when prosecution states that police team had visited scene of crime, plea to examine Deputy Commissioner..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Main relief sought for declaration of possession and permanent injunction - Alternative prayer for recovery of money - In case alternative relief is to be granted then as a condition precedent plaintiff has to be given an opportunity to affix ad valorem Court..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere registration of an FIR against accused during pendency of his bail application when he was on interim bail, cannot amount to violation of conditions of interim bail - Order of withdrawal of concession of bail set aside...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Police submitted detailed Negative final report - Where detailed negative final report is submitted, it becomes imperative upon Magistrate before taking cognizance of offence and issuance of process, to show his disagreement with conclusion of I.O. and it should be mentioned in clear terms in the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4, Civil Procedure Code, 1908, Order 38, Rule 5 -- Temporary injunction - Filing of petition for attachment of same property and seeking temporary injunction prohibiting alienation of property - Intention to file two applications simultaneously is only to cause embarrassment and inconvenience - Order vacating injunction,..........
Criminal Procedure Code, 1973, Section 482, 197 -- Sanction for prosecution - Quashing of proceedings - Assertion in complaint that police officials without any authority entered the house and committed the alleged offences - At the stage of taking cognizance it cannot be concluded that acts allegedly done were committed while acting or purporting to act in the discharge..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate has no power to order further investigation suo motu after taking cognizance on charge sheet - He could order for further investigation in exceptional circumstances and that too on the prayer of I.O...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 39, 40 -- Bail - Offence u/ss 39, 40 of UAPA - Prima facie there is no satisfaction that acts which are committed by accused have been committed with intention to further the activity of a terrorist organization - It is not the case of accused that they did not make the payment..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Lack of jurisdiction of a Court to entertain a complaint can be no ground to order its transfer...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
