Criminal Procedure Code, 1973, Section 273 -- Cross examination of a witness - Can be denied only in exceptional circumstances where the other side is habitual in seeking adjournments for one reason or the other - In the instant case chief examination of witness was recorded and inspite of application being the first one for adjournment, opportunity of cross examination..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted subject to offered payment - Process of criminal law particularly in matters of grant of bail is not akin to money recovery proceedings - Anticipatory bail can be granted irrespective of any payment or any offer of payment - Order granting anticipatory bail affirmed but condition therein of payment..........
Criminal Procedure Code, 1973, Section 145, 146(1), 397 -- Order passed u/s 146 Cr.P.C. - Not an interlocutory order - Revision against such order is maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Civil Procedure Code, 1908, Order 18, Rule 2(2), 3 -- Defendant permitted to lead secondary evidence qua the compromise - No opportunity given to plaintiff to rebut the same - Since defendant was given an opportunity to lead secondary evidence qua the compromise, an opportunity ought to have been given to plaintiff to rebut the said evidence - O.18.R.3 CPC is not..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Transfer of investigation should not be a matter of course and such an order should only be passed with great circumspection - Impugned order of High Court transferring investigation to CBI not interfered in view of peculiar circumstances of the case - CBI to assign a reasonable priority to..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Petitioner is in Canada since 2015 - No notice/proclamation was served upon him at the place of his residence and he was wrongly declared proclaimed offender vide impugned order in breach of prescribed procedure u/s 82 Cr.P.C - Order of declaring petitioner as proclaimed offender quashed along with all..........
Criminal Procedure Code, 1973, Section 482, 362 -- Altering or reviewing of judgment or final order - Except to correct a clerical or arithmetical error, applies to S.482 Cr.P.C. as well...........
Criminal Procedure Code, 1973, Section 125, 127, 128 -- Execution of order passed u/s 125 or 127 Cr.P.C. - Order can be enforced by Court where such person resides or by Court which passed the order irrespective of the fact that such person is residing at a place outside the jurisdiction of Court which passed the order...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - No illusory cause of action created by clever drafting by reading the plaint holistically - Order rejecting plaint set aside...........
