Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for completing investigation - Neither report of Public Prosecutor is on record of Court below, nor there is any reference to any such report of Public Prosecutor in impugned order of extension of time - Even, communication of..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court earlier rejected bail application - Trial Court granted bail on filing of fresh bail application, having due regard to the nature of offence, fact that other accused had been granted bail and that charge sheet has been submitted - Order of trial Judge does not indicate that he had applied..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14(2), Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Offence under SC/ST Act - High Court cannot entertain an application u/ss 438, 439 Cr.P.C for an offence under SC/ST Act as authority has been taken away from High Court impliedly by S.14-A(2) of SC/ST Act which makes High..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Submission of charge sheet before Court Sub-Inspector is not the same thing as submission before Court, because once it is filed, it is to be taken on record by passing a judicial order...........
Criminal Procedure Code, 1973, Section 397, Limitation Act, 1963, Section 5 -- Revision - Maintainability - Order passed u/s 5 of limitation Act can be considered as a final order - Revision against such an order is maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court below while allowing application for appointment of Local Commissioner did not mention the quantum of fee of Local Commissioner and who will pay the same and thus, left it to sole discretion of local commissioner - Said vague order set aside - Trial Court directed to pass fresh order...........
Criminal Procedure Code, 1973, Section 468, Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Limitation - Complaint u/s 12 of the Act - When only notice was issued on complaint preferred u/s 12 of PWDV Act seeking their response and no cognizance order was passed, limitation u/s 468 Cr.P.C cannot come into picture and will not be applicable...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of title in a simplicitor suit for injunction - Plea of title set up by defendant in his written statement - No challenge laid to the plea of title - Order framing additional issues relating to title, set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application must be disposed of along with appeal - However, appellate Court dismissed the application pending disposal of appeal, which is against law - Impugned order of set aside - Matter remanded for decision afresh in accordance with law...........
Criminal Procedure Code, 1973, Section 327 -- Proceedings in camera - When Presiding Officer is satisfied that open Court will not be conducive to either accused or victim or even for any other reason, he can order in-camera proceedings...........
