Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Declaring innocent person as proclaimed offenders (P.O) - Petitioner declared innocent by investigating agency itself - Held, conduct of investigating as well as prosecuting agency is highly deprecable, because innocent persons have been declared as proclaimed offenders, compromising with their fundamental..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application - Order refusing to reject plaint is in the category of a preliminary judgment, therefore, appeal against said order is maintainable...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(Ga) -- Sanction for prosecution - Quashing of sanction - Writ petition - Maintainability - Petitioner questioning the correctness of sanctioning order has remedy of assailing the validity of such order before trial Court itself - Material forming basis of sanction order cannot be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Awarding from date of application - Order must be supported by reasons - When unnecessary delay or misusing process of Court is caused by person against whom order of maintenance is to be passed then maintenance can be granted from date of application but only after recording specific reasons...........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim - Enhancement of sentence and grant of compensation - Maintainability - Offence u/ss 363, 366-A IPC and S.6 of Protection of Children From Sexual Offences Act, 2012 - S.372 Proviso Cr.P.C. grants right to victim to prefer an appeal against any order passed by lower Court acquitting the accused or convicting him..........
Civil Procedure Code, 1908, Order 6, Rule 17. -- Amendment of plaint - Sought at belated stage - Facts sought to be introduced by way of amendment were already in the knowledge of plaintiff - Plaintiff has not been able to show as to why no effort was made by him to incorporate such amendments in the plaint earlier - It cannot be said that plaintiff could not have..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of remand of accused extended to 180 days from date of 1st remand by Sessions Court - Charge-sheet was filed within extended time - No notice of such application filed by I.O seeking extension of period of remand was given to accused - Though error/procedural lapse has occurred on the part of Court as..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle engaged in illegal mining, as petitioner had no valid license to undertake mining operations in concerned area - Vehicle not only liable to be seized but also be confiscated, as confiscation proceedings are separate and independent proceedings which can be initiated by Court concerned..........
Civil Procedure Code, 1908, Section 148, Order 6, Rule 18 -- Amendment of plaint allowed - Failure to amend plaint within 14 days of order - Time limits fixed in CPC cannot be totally ignored altogether even if they are construed as not mandatory...........
Civil Procedure Code, 1908, Section 148, Order 6, Rule 18 -- Amendment of plaint allowed - Failure to amend plaint within 14 days of order - Extension of time - Fair copy of plaint not filed for a period of 3 years and 7 months - Delay cannot be condoned by invoking S.148 CPC - More so, it is not open to plaintiff to blame his counsel for his own negligence and he has to..........
