Criminal Procedure Code, 1973, Section 401 -- Acquittal - Revision against - Powers of High Court - Held, revisional jurisdiction of High Courts while examining an order of acquittal is extremely narrow and ought to be exercised only in cases where trial Court had committed a manifest error of law or procedure or had overlooked and ignored relevant and material evidence..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Summoning Order - Quashing of complaint - Averments in complaint prima facie reveal that offence u/s 138 of the Act is made out against each and every person including the petitioners - Petitioners had submitted their resignations after..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Eviction proceedings - During pendency of appeal against eviction order an application filed for impleadment of party to the proceedings on ground that applicant is a co-owner - Co-owner is not a necessary party in an eviction petition - Order dismissing application calls for no interference...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - Suit fixed for Sunday - Taken up on the next working day - Suit dismissed in default - Case when taken on next working day should have been fixed for particular date and notices should have been issued to the parties or their counsel - Absence was not intentional - Impugned order..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Two cheques referred in the plaint and examination-in-chief affidavit but inadvertently the same could not be placed on record - Even defendant did not take notice of the said omission - Order allowing application, upheld...........
Indian Penal Code, 1860, Section 304(Part I), Criminal Procedure Code, 1973, Section 357 -- Culpable homicide not amounting to murder - Compensation - Accused persons driven by grave and sudden provocation - They had no intention or motive to kill deceased or injure witnesses - Held, accused persons directed to pay compensation to legal heirs of deceased - Order..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review of an earlier order cannot be done unless court is satisfied that material error, manifest on the face of order, undermines its soundness or results in miscarriage of justice...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - When not maintainable - (i) A repetition of old and overruled argument is not enough to reopen concluded adjudications; (ii) Minor mistakes of inconsequential import; (iii) Review proceedings cannot be equated with the original hearing of the case; (iv) Review is not maintainable unless the material error, manifest..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - At the instance of subsequent purchasers who purchased the land during pendency of suit despite status quo order - Objections that judgments debtors No.1 and 2 are minors - Minors did not raise objection with regard to execution of decree - No prejudice shown to have been caused to minors - Minors were duly..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - By subsequent purchaser who have purchased the land during pendency of suit despite status quo order - Principle of lis pendens applies - They cannot be considered as bona fide purchasers as pendency of suit itself operates as constructive notice - Held, objections not maintainable...........
