Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 201, 149, 120B -- Bail during pendency of appeal - Appeal against conviction - Murder case - High Court while granting bail to accused not at all appreciated and considered the fact that trial Court on appreciation of evidence convicted accused - There is total lack of clarity on submissions,..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Grounds raised by petitioner have been considered and noticed by Court while passing order under review - Entire endeavour of petitioner is to seek re-hearing of appeal on merits which cannot be permitted - Review can be entertained only if there is an error apparent on face of the record - Application..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit between same parties was withdrawn before Lok Adalat and there was no final decision - Said order would not act as res judicata, as there was no final decision on merits - Suit being injunction suit can be filed as and when cause of action arises - Plaint..........
Civil Procedure Code, 1908, Section 144, 2(2) -- Determination of a question within S.144 CPC - It is deemed to be a decree - Same is appealable and so also the order of Appellate Court is open to be assailed in a second appeal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Muslim divorced woman is entitled to get maintenance u/s 125 Cr.P.C after Iddat period as long as she does not remarry and if she is otherwise so entitled - Order denying maintenance to wife set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - An order granting stay of arrest in a proceeding u/s 482 Cr.P.C. lies within the jurisdiction of High Court - However, grant of such relief must be after a judicious application of mind, which must emerge from the reasons which are recorded by the Judge...........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance order - Enforcement - Limitation of one year - Applicable only in case of issuance of warrant for recovery - Limitation of one year does not create a fetter on the right to claim enforcement u/s 128 of the Code...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - A party who is proceed ex parte can join the proceedings at the stage at which it is pending - However, when such party seeks to join the proceedings at the stage at which he was proceeded ex parte then such party has to establish sufficient cause with satisfactory explanation for absence and..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of murder case - Apprehension which has been made basis to seek order for transfer of case pending before Court below is absolutely weak and cannot be remotely said to be reasonable - No sufficient ground to transfer of case - Application dismissed...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Non-issuance of notice to proposed defendant before granting leave to suit u/s 92 CPC will not render the suit invalid since an order granting leave to suit does not prejudice rights of proposed defendant in suit - Proposed defendant has opportunity to lead evidence and establish..........
