Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Past conduct of appellant after registration of present crime was pointed out in detail as well as his criminal antecedents with proof - Bail applications of three main accused had been rejected by another Sessions Judge - There was a wrongful loss of about Rs.169 crores to MC which was also brought to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - Validity - Case raises large number of disputed questions of fact - Held, there was no occasion for High Court to allow petition u/s.482 Cr.P.C. and quash criminal proceedings - Impugned judgment and order set aside - Appeal allowed...........
Criminal Procedure Code, 1973, Section 186 -- Scope and object - Cases instituted in different Courts in respect of same offence - Held, main object and intention of legislature in enacting provision is to prevent accused persons from being unnecessarily harassed for same offences alleged to have been committed within territorial jurisdiction of more than one Courts - In..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegations against appellants that they committed offences u/ss 418, 504 & 120-B IPC - Company in which applicants were working willing to settle their claims by giving a sum of Rs.one lac to each of them - Company directed to pay specified amount to each of them - Order taking cognizance of offence..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - In order to bring a question within the power of Executing Court to decide u/s 47 CPC, the question should be between the parties to the suit or their representatives and also it should be one relating to the execution, discharge or satisfaction of the decree...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Once there is specific allegation regarding fraud, misrepresentation, coercion as well as pressure and getting the signatures on blank paper then Court has rightly allowed the application of defendants and allowed to appear and contest the suit by filing the written statement - So far as the..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - Statement made by counsel for third respondent that in event of petitioner's making an application for amendment of plaint in pending suit on basis of averments made in summons issued, he would not oppose same - Company Judge recorded same and opined that it is not necessary to grant present Judge's..........
Criminal Procedure Code, 1973, Section 340 -- Obstruction in proceedings of Court - Respondent alleged to have abused and threatened to beat complainant in Court and obstructed proceedings in Court and also forged Will - Separate FIR lodged regarding forgery of Will - Will was not forged during proceedings of Court - Held, controversy regarding Will cannot be inquired..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from selling, transferring, alienating or creating third party rights in suit property - No concluded contract between parties - Exact area of subject matter of transaction in dispute - Plaintiff did not express readiness and willingness to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 394, 34 -- Appeal - Dismissal for non prosecution - No criminal appeal can be dismissed on ground of default in appearance - Court has to go through record of case even in absence of appellants or his counsel and decide the matter on merit - Order of dismissal quashed - Appeal remanded to be..........
