Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Further investigation - Offence u/ss 420, 409, 467, 468 IPC - Allegation of defalcation of goods and misappropriation of stocks from godown of Corporation - Case is of exceptional and special features where High Court was justified in ordering further investigation..........
Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property after expiry of statutory period of two years - Application by legal heir of deceased accused - Accused is entitled to submit an application even after period of limitation stipulated u/s 85 Cr.P.C - Nothing thus, will preclude legal heir of accused from submitting application when accused is no..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted till framing of charge - Reasons for limiting anticipatory bail for a particular period not mentioned by High Court - Part of impugned order which restricts anticipatory bail upto framing of charge quashed and set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Permitted to file at the stage of defendant's evidence - Defendants were proceeded against ex parte twice over - No satisfactory reason assigned by defendants for delay in filing written statement - Only ground mentioned by trial Court while allowing application for filing written statement, is setting..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Injunction suit - Impleadment of persons related to trust need to be added as parties to suit in order to determine real interest of plaintiff as per findings of trial Court - Their presence is must to decide relief claimed by plaintiff in suit properties - Even, otherwise, it is discretion of Court..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate is required to apply its mind as to whether sufficient ground for proceeding exists in the case or not - Formation of such an opinion is required to be stated in the order itself - Order though need not contain detailed reasons but order is liable to be set aside if no reasons are given therein..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process must be preceded by an application of judicial mind to material before Court to determine if there is ground for proceedings against accused - When allegations made in complaint are found to be too vague and general without giving any material particulars of the offence alleged against accused then order of..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Order of acquittal cannot be passed in every case for non-appearance of complainant on each and every date of hearing...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Stage of case is for recording of plea - Presence of complainant is not necessary and recording plea is by Court - Magistrate ought not to have dismissed complaint for non-appearance of complainant - Amount of cheque is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Petitioners purchased the disputed land during pendency of suit proceedings that too when there was restraint order against defendant not to sell suit property - Moreover, no relief was claimed by plaintiff against petitioners - Petitioners being..........
