Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties - Partition suit - Third parties who claim to hold an agreement of sale executed qua suit property by defendant no.1 are neither necessary parties nor proper parties considering the question involved - Even, plaintiff is opposing impleadment of third parties, which he is well entitled to do -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452 -- Quashing of summoning order - House trespass - Incident of thrashing of victim by accused can be said to have taken place on road only - Summoning of accused u/s 452 IPC is out of record and is based on surmises and conjectures - Summoning order, charge sheet and entire proceedings u/s 452..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Paternity of child - DNA test - Wife sought maintenance from her husband - No claim has been raised on behalf of minor - It is not necessary to conduct DNA test of child in order to decide the application u/s 125 Cr.P.C for maintenance instituted by wife, particularly when child is not a claimant...........
Criminal Procedure Code, 1973, Section 397 -- Revision - Sessions Court cannot quash cognizance and summoning order passed by Magistrate in exercising its revisional power - If Sessions Court find any illegality, irregularity or jurisdictional error then Sessions Court cannot quash proceedings but revisional Court have only power to issue direction by pointing out error..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Matter pending in a Court at a distance of 60 kilometers which are adjoining districts - Small distance not overwhelming reason to order transfer of matter - Application dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Arbitration proceedings - Dispute between two signatories of contract - Impleadment of third person is thus, not necessary, who is an alien to an agreement, who is not at all affected nor a signatory to it and who is not at all necessary to be impleaded in order to get it determined and..........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Magistrate while rejecting cancellation report has not recorded any reasons - Impugned order is totally non-speaking and thus, quashed - Matter remanded back to Magistrate to decide the matter afresh in accordance with law...........
Criminal Procedure Code, 1973, Section 228 -- Charge - Advocate - If any legal advice rendered by an Advocate goes wrong, same would not subject him to criminal prosecution, as a lawyer - Order framing charge quashed and set aside and petitioner discharged of all the charges/offences alleged against him...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Order to frame charge need not to be a detailed order - If a strong suspicion exists in the mind of Court at the said stage, then same is sufficient for Court to proceed with framing of charge against accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 364A, 302, 201, 34 -- Interim bail - Cancellation - High Court while granting bail failed to notice crucial aspects which have a bearing on whether or not a case for exercise of jurisdiction to grant bail u/s 439 Cr.P.C was established - High Court also failed to note that crucial witnesses..........
