Criminal Procedure Code, 1973, Section 397, 401 -- Revision against order taking cognizance - Revision must, at first instance, be filed before Court of Session, except in rare and special circumstances - By doing this, party seeking order from magistrate will get double remedy, firstly, he may approach Court of Session in revision & then if legally permissible u/s 482..........
Criminal Procedure Code, 1973, Section 145(1) -- Order passed u/s 145(1) Cr.P.C. to put in written statement of respective claims as respects of fact of actual title/ownership of the subject in dispute - Order passed is illegal - It is the fact of actual possession to which the parties are required to put in their written statement...........
Criminal Procedure Code, 1973, Section 145(1), 146(1) -- Consolidated order u/s 145(1) and 146(1) Cr.P.C. - No urgency shown in passing such a consolidated order - Impugned order, held, illegal...........
Negotiable Instruments Act, 1881, Section 138, 145, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Signatures differ - Complaint u/s 138 NI Act and u/s 420 IPC - Cognizance taken u/s 420 IPC - Evidence on affidavits - Not applicable to offence under Indian Penal Code - Process for an offence u/s 420 IPC cannot be issued without following procedure laid down..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 336, 120B -- Cheating and criminal breach of trust - Quashing of proceeding - Gist of case made out in civil suit is wholly inconsistent with allegation that defective materials not at all replaced by petitioners as alleged in impugned criminal proceeding - Allegation of no, replacement..........
Criminal Procedure Code, 1973, Section 110(g) -- Habitual offender - Quashing of proceedings - Allegations made in complaint and document (Annex.1) highly contradictory - Only single case under Excise Act registered against petitioner which resulted into acquittal - Police Officers resorted to the proceedings to cover up their failure and insufficiency - Necessary..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Suit filed against father of applicant who was proceeded ex parte - Son seeking impleadment on the ground that father did not have an indefeasible right to sell the ancestral property and thus applicant having right by birth - In a suit for specific performance, title is..........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Power of Magistrate - Held, merely because an application u/s.156(3) of Cr.P.C. is moved Magistrate is not bound to order police to register case - There must be some substance on basis of which it could reasonably be inferred that some cognizable offence was committed - Application u/s.156(3) Cr.P.C. could..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(2), 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss. 13(1)(d)(2) of P.C.Act and Ss. 409, 467, 468, 471 & 120-B IPC - Opportunity of hearing can neither be claimed nor required to be given before granting sanction for prosecution to public servant as it is not a quasi judicial..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition - Husband filed application for restitution of conjugal rights in Court at place `B' - Marriage between parties solemnized at place `V' - After differences arose between them wife resided at place `V' whereas husband resided at place `M' - `B' is at a distance of about 400 Kms. from `V' - Wife in order to..........
