Can a Magistrate reject a complaint at the pre-cognizance stage if the complaint on the face of it does not make out the offence alleged ? In Raju Puzhankara v. State of Kerala [ 2008 (2) KHC 318 : 2008 (2) KLT 467] , the Kerala High Court held that there is a power in every …
S 190, 200 CrPC – Rejection Of Complaint At Pre Cognizance Stage Read More »
When a defendant does not appear when the Suit is called on for hearing on receipt of summons, we can see Courts passing order setting defendant Ex Parte. Is such an order contemplated under CPC? In Sangram Singh vs Election Tribunal [AIR 1955 SC 425], the Supreme Court termed such a practice as ‘erroneous’. “The fact that …
O IX R 6 CPC – Does CPC Contemplate An Order Setting Defendant Ex Parte ? Read More »
We received a query today in which it is stated that a Sessions Judge always undertakes examination of witnesses in a random fashion, based on availablility. In other words, whichever witness is brought to court by the police is examined, instead of following the chronolgical order given in the list of witnesses. On research, we …
S 230,242 CrPC – Chronological Examination Of Witnesses Read More »
A three judges bench of the Supreme Court in Devarapalli Lakshminarayana Reddy vs V. Narayana Reddy [ (1976) 3 SCC 252 ] , held thus : “The power under Section 156(3) can be invoked by the Magistrate before he takes cognizance of the offence under Section 190(1)(a). But if he once takes such cognizance and …
S 156(3) CrPC – Ordering Further Investigation At Post Cognizance Stage Read More »
We got an interesting query regarding Section 202 CrPC today. Section 202 CrPC deals with the Postponement of issue of process. It reads as follows: (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, …
S 202 CrPC – Either Inquiry Or Investigation Or Both? Read More »
Section 8 of the Arbitration and Conciliation Act deals with power of a judicial authority to refer parties to arbitration where there is an arbitration agreement. Againsst an order refusing an application under Section 8, a statutory remedy of appeal has been provided under Section 37 of the Act. However, no remedy has been provided …
S 8 Arbitration Act – Remedy Against Order Allowing Reference To Arbitration? Read More »
Delhi HC : [Vijay Agrawal vs Directorate Of Enforcement ] : Howsoever serious the offence may be, the health condition of a human being is paramount. The custody during the period of investigation cannot be termed to be punitive in nature. The health concern of a person in custody has to be taken care of by …
Can a second appeal be filed solely with a prayer to expunge some findings made in the judgment by the First Appellate Court.? Section 100 CPC reads as follows: (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall …
S 100 CPC – Second Appeal To Expunge ‘Adverse Findings’ Read More »
Order XXXVII of Civil Procedure Code deals with summary procedure and the same is applicable to following classes of suits: (a) suits upon bills of exchange, hundies and promissory notes; (b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, …