Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 419 -- Order taking cognizance - Petition u/s 482 Cr.P.C. not only to quash order taking cognizance but also to quash and set aside the entire criminal proceedings - Application u/s 482 Cr.P.C. held, maintainable...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Sought at the stage when case is fixed for judgment - Application is not maintainable - Trial Court committed grave error by allowing such application - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of summoning order - Cruelty - Demand of dowry - Magistrate found a prima facie case against accused after inquiry and as such accused were summoned - At this stage there is no occasion to look into the question,..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Corruption case - Further investigation - Order directing further investigation u/s 156(3) Cr.P.C. - Cannot be passed in absence of valid sanction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Trial Court committed error by concluding that there was prima facie case regarding three properties for which injunction was ultimately granted without discussing as to how suit properties were joint - On this count alone order passed by trial Court cannot be sustained and hereby..........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 109 -- Offence u/ss 494, 109 - Jurisdiction - Objection as to jurisdiction - Where main accused does not made any endeavour to question the impugned order of framing charge and dismissal of revision against the same, objection as to jurisdiction on behalf of co-accused is wholly untenable...........
Criminal Procedure Code, 1973, Section 482, 397 -- Petition u/s 482 Cr.P.C. - Availability of remedy u/s 397 Cr.P.C. does not make a petition u/s 482 Cr.P.C. not maintainable, as S.397 Cr.P.C. is attracted against all orders other than interlocutory order...........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte order - Setting aside - Process server failed to observe mandatory requirement of O.5.R.17 CPC, before resorting to record refusal straightaway, without even, obtaining statement of witness to that effect - Even no affixation was done at door or on conspicuous..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant for cross-examination - Accused already granted adequate opportunities to lead defence evidence subject to payment of costs and thereafter, three opportunities granted to accused to lead defence evidence but same was not done -..........
Criminal Procedure Code, 1973, Section 439 -- Second or Successive bail applications - In the bail application, there should be mention of disposal of earlier bail application and a copy of the order passed on such application has also to be produced along with second or successive bail applications...........
