Criminal Procedure Code, 1973, Section 446 -- Bond for appearance - Forfeiture - Imposition of penalty and imprisonment in civil jail without issuing a show cause notice as contemplated under Section 446 is illegal...........
Criminal Procedure Code, 1973, Section 254(1) -- Accused when pleads not guilty or accused not convicted under section 252 or section 253, Magistrate shall post the case for hearing prosecution...........
Criminal Procedure Code, 1973, Section 311 -- Material witness - Power to summon - Exercise of power under Section 311 Cr.P.C. should be resorted to only with the object of finding out the truth or obtaining proper proof of such facts which lead to a just and correct decision of the case...........
Criminal proceedings -- Stay during pendency of civil suit - In appropriate case Court is empowered to stay the proceedings till the disposal of the civil case - In case it appears that criminal proceedings are initiated just to prejudice the trial of the civil suit or to use the same as a lever to coerce the accused into a compromise of the civil suit, the criminal..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 401 -- Dishonour of cheque - Conviction - Revision against - Compounding of offence - Compounding of offence under Section 138 NI Act can be done during trial of case as well as by the High Court or Court or Session while acting in exercise of its power of revision under Section..........
Criminal Procedure Code, 1973, Section 311 -- Indian Penal Code, 1860, Sections 302, 201 and 120-B - Re-examination of witnesses - Allowed by Sessions Judge - Revision - It is necessary for prosecution to disclose grounds on which witnesses were sought to be re-examined - Impugned order did not disclose any cogent reason for re-examination of witnesses - Held, that in..........
Civil Procedure Code, 1908, Section 151 -- Inherent power - Court has no power under section 151 CPC to revise its own order...........
Civil Procedure Code, 1908, Section 100(5) -- Substantial question of law - High Court decided appeal without formulating 'substantial question of law' - Contention that in view of proviso to sub-section (5), permissible to decide second appeal on different substantial questions of law, without formulating substantial question of law - Contention without merit - Proviso..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of Murder Trial - Murdered persons parents of practising Advocate - Transfer of Trial sought on alleged pressure of members of Bar on Presiding Officer - No resolution by Bar, nor any pressure exerted on presiding officer - Mere apprehension that members of Bar are likely to exert pressure upon Presiding Officer in..........
Criminal Procedure Code, 1973, Section 256, 320, Indian Penal Code, 1860, Section 500 -- Defamation - Criminal complainant - Death of complainant - Plea of the appellant with reference to Section 256 Cr.P.C. to dismiss the complaint - Legal heirs of the complainant propose to continue the complaint - Held that if permission is sought for by the legal heirs of the deceased..........
