Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Interim stay of operation of an order granting bail till disposal of application for cancellation of bail - In an application filed seeking cancellation of bail, power to grant an interim stay of operation of order to bail can be exercised only..........
Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Ex parte ad interim stay of operation of an order granting bail till disposal of application for cancellation of bail - As a normal rule, ex-parte stay of the bail order should not be granted - Said power can be exercised only in rare and very..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Jurisdiction of District Court and High Court is concurrent u/s 24 CPC - When a petition for transfer before District Court fails, party applying may approach concurrent jurisdiction of High Court, under the same provision but the party opposing would be precluded from approaching the High Court u/s 24 CPC to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Application u/s 24 CPC allowed by District Court - If party is aggrieved by order passed by District Court, it cannot further invoke jurisdiction of High Court u/s 24 CPC to undo District Court's order - Application u/s 24 CPC before High Court dismissed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C. must be invoked by Court only in order to meet the ends of justice for strong and valid reasons and the same must be exercised with care, caution and circumspection...........
Criminal Procedure Code, 1973, Section 311 -- Recall of three PWs for re-examination - In the absence of witnesses making any complaint about threat or pressure not to tell the truth before Court, mere on basis of filing an application by prosecution, it was not justified on the part of trial Court to allow the application - Order allowing application held, set aside...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Quantum of sentence - Accused as a consequence of attempt to do away the life of complainant, has caused him spine injury and resultantly he became paralyzed - Case falls under Second part of S.307 IPC - Maximum sentence as prescribed under first part of S.307 IPC is not exceeded 10 years and in second part of..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Practice and Procedure -- Compliance of an order under threat cannot take away the right of a party as available to challenge the same, in law...........
Criminal Procedure Code, 1973, Section 83 -- Attachment of property belonging to proclaimed offender - Sine qua non for passing such an order would be a finding, may be prima facie, that property for which attachment order is being passed belongs to accused person and without such finding, no order as to attachment of property can be passed...........
