Criminal Procedure Code, 1973, Section 362 -- Modification of judgment - There is no specific direction to pass any particular order and the matter has been left to discretion of authorities who are supposed to go into the details, both on factual and legal aspects and then pass a reasoned order - No occasion to modify judgment and order...........
Criminal Procedure Code, 1973, Section 256 -- Dismissal of complaint - If complaint is dismissed for non-payment of process fees or other fees dealt with in S.204(4) Cr.P.C, same is not an appealable order - Said order is revisable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Buyer and seller, both filed suits, with respect to agreement to sell - Order of status quo passed in suit filed by buyer - An order passed in the subsequent suit filed by seller restraining buyer from causing any interference and encroachment over the suit property in any manner - There has to be..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Four conditions must be satisfied for applicability of doctrine of res judicata between co-defendants : (i) There must be conflict of interest between defendants concerned; (ii) it must be necessary to decide the conflict in order to give the relief which plaintiff claims; (iii) question between..........
Criminal Procedure Code, 1973, Section 156(3) -- Power of Magistrate to order investigation u/s 156(3) Cr.P.C. is very wide and he has the authority to ensure that a proper investigation by the police takes place...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for specific performance - Prima facie there is dispute qua possession of property, which can only be decided on basis of evidence which will be led by parties during trial - Question that defendant should be allowed to raise construction on disputed property will mean that a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising construction of second story over already existing structure - Possession of defendants over piece of land is not disputed by plaintiffs - Defendants had already raised construction of a single storey structure and it was this structure which was sought to be got..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail with condition - If facts and circumstances so warrant even Criminal Court at the time of grant of bail can direct accused to disclose his movable and immoveable properties/assets and also to submit an undertaking that he will not fraudulently transfer the same in order to defeat any order which may be..........
Criminal Procedure Code, 1973, Section 202, 482 -- Issuance of process - Quashing of summoning order - Allegations in the complaint have been found to be corroborated in the statement made on oath by complainant during course of examination u/s 200 Cr.P.C and also during inquiry made by Magistrate u/s 202 Cr.P.C - Summoning order reflects that same has been passed taking..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(C), 25, 29 -- Default bail - Recovery of 589.500 kgs Ganja - Accused is in custody till date - He has not been given any opportunity of hearing to lead his legitimate objection nor he informed of his right on default bail before granting extension..........
