Civil Procedure Code, 1908, Section 153A, Order 41, Rule 11 -- Correction of decree or order - Power of High Court - Clerical mistake - Held, S.153-A comes into play when the judgment passed by trial Court becomes a subject matter of an appeal and is decided in terms of O.41.R.11 of CPC - It was an enabling section and does not bar superior Court to exercise its own powers..........
Criminal Procedure Code, 1973, Section 250, 190(1)(b) -- Case instituted on police report - Order of acquittal - Order of compensation - Validity - Held, in a case instituted on police report, an order of acquittal passed in favour of accused, after trial, even if Court finds that accusation made by de facto complainant was without reasonable cause cannot give rise to any..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused recorded u/s 313 - Use of - Held, statement of accused recorded u/s 313 of the Code cannot be put against accused person - Courts may rely on a portion of statement of accused and find him guilty in consideration of other evidence against him led by prosecution - Statement made under this Section should not..........
Criminal Procedure Code, 1973, Section 311, 391 -- Criminal trial - Important and relevant evidence - Production of - Power of Court - Held, the important and relevant evidence collected by the Investigation Agency should have been produced and if not done, the trial Court could invoke its powers under Section 311 Cr.P.C. and if no such attempt was made, the same has to be..........
Civil Procedure Code, 1908, Section 153, Order 6, Rule 17 -- Plaint - Amendment - Primacy of provision of S.153 - Held, as regards S.153 of the Code of Civil Procedure, 1908, it needs only to be observed that it being body of the Code it is to be read in more general terms in conjunction with the proviso to R.17 of O.6 of the Code framed to regulate the procedure, but in..........
Criminal Procedure Code, 1973, Section 482 -- The scope and ambit of Court power under Section 482 of the Code are inherent power `ex debito Justicia' to do the real and substantial justice to parties for the administration criminal justice and to prevent the abuse of process of the court...........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1 -- Consent decree - Appeal - Maintainability - Held, Sub-section (3) of S.96 of the Code enunciates a salutary principle of drawing to a close, once and for all, further litigation arising from out of a decree passed with the consent of the parties - The litigative zeal of the..........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Purpose enumerated in S.357(1)(b) is the same in S.357(3) - The difference being that in a case under sub-section 1, fine imposed forms part of the sentence, whereas, under sub section 3, compensation can be directed to be paid, when fine does not form part of the sentence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Issuance of summoning order - Validity - Plea that Magistrate did not comply with provision of S.204(2) of Cr.P.C. before issuing summoning order - Held, said provision does not create a bar while passing order for summoning accused - It creates a bar only..........
Criminal Procedure Code, 1973, Section 91 -- Production of document - Court has power to require any person in whose possession any document is believed to be, which is required for trial of the case, to attend and produce such document, but the Section nowhere empowers the Court to compel an accused to produce any evidence against him...........
