Criminal Procedure Code, 1973, Section 202(2) -- Complaint case - Offence exclusively triable by Court of Sessions - Complainant is required to produce and examine all of his witnesses - Summoning of witnesses by examining some of the witnesses - Revisional Court set aside the order by holding that mandatory and necessary procedural formalities not followed by Magistrate..........
Criminal Procedure Code, 1973, Section 156(3) -- Order of Revisional Court to decide the application afresh - Revision thereagainst - Not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructionist in order to succeed in thwarting the execution of decree standing in favour of decree holder, must make out a claim concerning his independent right or title over suit property, over and above his possession either at the time of institution of suit or prior to that and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought referable to suit property and in context of dispute raised in suit - Plea of limitation and relief sought by way of amendment are matters to be examined by Court after parties lead evidence - Defendants are entitled to file their written statement and to raise all the available defences..........
Criminal Procedure Code, 1973, Section 221 -- Charge - At the stage of framing charge only a reasonable doubt in the mind of Court concerned is sufficient - Courts are not required to see whether evidence available on record is sufficient to prove the case of prosecution beyond reasonable doubt - Only prima facie evidence as available on record at the initial stage of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Source of income - It is a relevant question in the complaint u/s 138 of the Act - Production of agreement to sell by way of additional evidence to show source of money - Held, production of this evidence will certainly assist Court to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Question as to whether Court fee is payable ad valorem - Court to frame issues and to treat the issue as to payment of court fee as preliminary issue and to decide the preliminary issue after parties led evidence on such preliminary issue - Order..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), Civil Procedure Code, 1908, Order 21 -- Rent and eviction - Arrears of rent - Non-payment within statutory period - Execution - In appeal, tenant contended that there is typing error in order of Rent Controller with regard to commencement of period for payment of arrears - However, proper course is to first..........
Criminal Procedure Code, 1973, Section 145(1) -- Physical possession - Finding as to - Based on revenue record and police report - No finding given as to which of the party was in physical possession of the disputed property - Held, there is no legal infirmity in the impugned order passed by Additional Sessions Judge directing Magistrate to pass order afresh...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 33, Rule 1, 5, 7 -- Rejection of plaint - Order allowing to sue as indigent person - Remedy is available to defendant to challenge the order - Order allowing to sue as indigent person cannot be agitated by filing an application U.O.7.R.11 CPC that report obtained from Collector is not correct..........
