Criminal Procedure Code, 1973, Section 107, 111 -- Offence u/s 107 IPC - Order of Magistrate - Only when circumstances are there which convincingly indicate that a person is engaged or indulged or likely to indulge or engage in activities that would endanger public peace or disturb public tranquility that an order is required to be passed u/s 107 Cr.P.C...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge of death of her father and..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once Court comes to a finding that petitioner was wrongly proceeded ex parte then he should be allowed to join proceedings from the stage when he was proceeded ex parte and not at the stage which was pending the day ex parte order is set aside...........
Civil Procedure Code, 1908, Order 13, Rule 1, 3 -- Permission to file certain documents - Does not mean that same are admissible in evidence - Admissibility of documents will be adjudicated at an appropriate stage - Filing of documents is one thing and admissibility of documents is another - Moreover, Court may at any stage of the suit reject any document, which it..........
Criminal Procedure Code, 1973, Section 482 -- Order of Permanent Lok Adalat - Challenge as to - When order is passed by Permanent Lok Adalat, only remedy available againstsaid award,is by way of filing of writ petition u/arts 226, 227 of Constitution - Petition u/s 482 Cr.P.C. is not maintainable. (Ambika Kumary Vs. State of Kerala, 2011(3) Civil Court Cases 066 (Kerala)..........
Criminal Procedure Code, 1973, Section 482 -- Order of Permanent Lok Adalat - Challenge as to - Wife agreed to statement made by husband and accepted maintenance u/s 125 Cr.P.C. - Wife cannot resile from the statement made by her counsel - More so, wife got re-married and therefore even the continuation of marriage is under serious doubts - No interference warranted in the..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Not a single specific reason has been assigned by High Court as to why recall of as many as 13 witnesses was necessary as directed in impugned order - No fault has been found with reasoning of order of trial Court which rejected the recall application - Mere observation that recall was necessary for..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions arising between the parties to the suit settled upto the highest Court - J.D. bent upon coercing D.H. for not obeying the order of Court - J.D. portrays that he intends to obey the decree of Court, but, in fact, is obeying the decree by defiance and wants to show himself as innocent saying..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Limitation - Period of limitation is not relevant in case of summoning of an accused, as there is no provision u/s 319 Cr.P.C. to show that after a particular period summoning order cannot be passed - It may be during inquiry, trial or other proceedings...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Detailed and speaking order is not required to be passed at the time of taking cognizance u/s 190(1)(b) Cr.P.C. - However, a detailed and speaking order is required to be passed while taking cognizance u/s 190(1)(a) Cr.P.C...........
