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[SC] CrPC S. 482 - High Court could not have directed the registration of an FIR with a direction to the police to investigate and file the final report

Advocate – Duty of – Vakalatnama – Ascertaining identity of the person signing - If he does not personally know the litigant, he must verify the identity of the person signing the Vakalatnama from the documents such as Adhaar or PAN card

Home Civil and Criminal Cases

[SC] FIR – Civil proceeding – Civil proceeding is not a good ground and justification to not register and investigate an FIR if a criminal offence has been committed.

by Punjab Law Reporter

in Civil and Criminal Cases, Criminal

Reading Time: 1 min read

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CPC O. 7 R. 11(a) – Limitation – When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit so as to avoid wastage the judicial time and to avoid inconvenience and hardship to the parties.

Hindu Law – Joint Family Property – Alienation of – Where an alienation is not made with the consent of all the coparceners, it is voidable at the instance of the coparceners whose consent has not been obtained

CPC O. 9 R. 13 – Setting aside exparte decree – Observations made by the High Court that defendant cannot be permitted to file their written statement can be said to be beyond the scope and ambit of the CMP filed before the High Court

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Words- Words – ‘Shall’ – ‘as far as may be’ – The use of words ‘as far as may be’, occurring in Section 238A of the IBC tones down the rigour of the words ‘shall’ in the aforesaid Section which is normally considered as mandatory – IBC S. 238A.

SARFAESI S. 13(2) – Right of the borrower to have a due consideration of objections where the bank is bound to apply its mind and inform the borrower of its reasons as to why and how the account is classified as NPA

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CPC S. 11 – Res judicata – Suit property same – Reliefs prayed different – Does not bar.

CrPC S. 438 – Anticipatory bail – – Bail application adjourned for a long without granting any interim protection – Interim protection granted

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CPC O. 7 R. 11(a) – Limitation – When a suit Ex facie indicates that it is barred by the law of limitation courts are bound to terminate the suit so as to avoid wastage the judicial time and to avoid inconvenience and hardship to the parties.

NPA – Incorrect to presume that once an NPA is always an NPA – Prudential Norms and Master Circular issued by RBI

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[SC] CrPC S. 482 - High Court could not have directed the registration of an FIR with a direction to the police to investigate and file the final report

Advocate – Duty of – Vakalatnama – Ascertaining identity of the person signing - If he does not personally know the litigant, he must verify the identity of the person signing the Vakalatnama from the documents such as Adhaar or PAN card

[SC] FIR – Civil proceeding – Civil proceeding is not a good ground and justification to not register and investigate an FIR if a criminal offence has been committed.

read MORE

FIR – Lodging of – Advocate General, Punjab – Advice

FIR – Lodging of – No embargo or bar upon the State Government for proceeding to register FIR against the petitioner in case it has found that there is sufficient material to proceed

FIR – Complaint already filed – Merely because on the same set of facts with the same allegations and averments earlier a complaint is filed, there is no bar to lodge the FIR with the police station with the same allegations and averments

FIR – Registration – Police officer could take further steps contemplated in Chapter XII of the Code only thereafter.

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[SC] CrPC S. 482 - High Court could not have directed the registration of an FIR with a direction to the police to investigate and file the final report

Advocate – Duty of – Vakalatnama – Ascertaining identity of the person signing - If he does not personally know the litigant, he must verify the identity of the person signing the Vakalatnama from the documents such as Adhaar or PAN card

[SC] FIR – Civil proceeding – Civil proceeding is not a good ground and justification to not register and investigate an FIR if a criminal offence has been committed.

read MORE

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