Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 323, 504, 506, 354, 147 -- Quashing of summoning order - Order taking cognizance - Offence u/ss 323, 504, 506, 354, 147 IPC - Detailed cognizance order as well as summoning order passed by Magistrate with judicial application of mind to material available on record - Materials are sufficient..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Judicial order showing that defendants were duly served - However, said order not supported by the documents like service report and copy of summons - Presumption attached to correctness of judicial order thus not available - Claim of defendants to set aside ex parte..........
Criminal Procedure Code, 1973, Section 482 -- Registered sale deed executed under threat and coercion - Quashing of proceedings - Subsequently civil proceedings initiated to set aside sale deed - At times same facts may give rise to remedies both in civil and criminal law - Proceedings in the instant case cannot be quashed as not a single paisa was actually received by..........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Inspection of suit property by Court - Remand of case - Both lower Court and Lower Appellate court have powers to inspect property by invoking O.18.R.18 CPC, apart from taking photograph and videograph of place in question - Lower Appellate Court ought not to have remanded matter to Lower Court, instead case could have been..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Partition suit - Defendant by way of additional written statement wants to withdraw the admission of character of property in original written statement - More so, application filed belatedly after closing of evidence - Order allowing application, set aside...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Order granting bail can either be challenged on merits before higher Court or same can be cancelled u/s.437(5) or S.439(2) Cr.P.C. on consideration of relevant factors of misuse in indulging in similar criminal activity, interfering with course of investigation, attempts to tamper with..........
Criminal Procedure Code, 1973, Section 401(2) -- Revision - Right of hearing provided to accused or other person in terms of S.401(2) Cr.P.C if order is passed to their prejudice - This would also therefore mean that where a culpability if shifted from one accused to another, on a revision filed by former, later will also have a right of hearing...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Averments made in application and material, if any, in support thereof, if disclose cognizable offence then Magistrate should order registration of FIR and investigation by police - In such a case aggrieved person should not be compelled to collect and produce evidence at his cost to treat..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Report from police station concerned - If from such report no prima facie case is made against the opposite party, Magistrate is not bound to order for registration of case...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial dispute - Inconvenience pleaded by wife is completely baseless as distance between Family Court at place `B' is about 54 kms as against 51 kms at place `H' - In any case, in order to compensate wife in alleged inconvenience, it is directed that husband shall pay travelling expenses to wife on her..........
