Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 468, 477A -- Sanction for prosecution - Offence u/ss 420, 468 & 477 IPC - Alleged indulgence of officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabricate records or permit evasion of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Sufficient cause for non appearance - Defendant undergoing treatment for breast cancer and she had undergone chemotherapy - Treatment certificate of defendant is on record - No material to show that absence of defendant was either intentional or mala fide - Condition imposed by Court below..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Improper advice of advocate may be a good ground to set aside ex parte decree but it cannot be accepted as a sufficient cause in all cases...........
Criminal Procedure Code, 1973, Section 452 -- Release of gun and belt of cartridges - Since these two articles had been used in commission of heinous offence of murder, their return to heirs of murderer pinches the judicial conscience - More so, owner of said articles had neither charged nor convicted for any offence under Arms Act, therefore articles in question cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree not to be set aside when sufficient cause is not shown and application is based on vague, evasive and false averments...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband getting salary to the tune of Rs.17,564/- p.m. - Maintenance of Rs.4,000/- p.m. granted to wife by Family Court - High Court without indicating any reason reduced the maintenance to Rs.2000/- p.m. after retirement of husband - Husband had taken voluntarily retirement after order of maintenance was passed,..........
Criminal Procedure Code, 1973, Section 256(1) -- Complaint u/s 138 of N.I. Act - Dismissal for no, appearance of complainant - Magistrate dismissed the complaint without applying his judicial mind as he has not recorded any reason not to adjourn hearing of case to some other date - Nor he mentioned that he was acquitting the accused, who was present before him or that no,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........
Indian Penal Code, 1860, Section 304B, 302, Criminal Procedure Code, 1973, Section 217 -- Framing of additional charge - Additional charge u/s 302 IPC cannot be framed mechanically in a case u/s 304-B IPC - In a case where charge alleging dowry death is framed, a charge u/s 302 IPC can be framed if evidence otherwise permits - Order framing charge mechanically set aside -..........
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204 -- Complaint - Issue of process - Application of mind - In the instant case summoning order passed by stating "Perused the complaint and the statements recorded...." - Held, there is no indication on the application of mind by Magistrate in taking cognizance and issuing process - Contention that application of mind..........
