Search Results for "Functus Officio"

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Supreme Court Allows Appeal Against Summoning Under Section 319 CrPC After Judgment of Conviction. Trial Court Cannot Summon Additional Accused After Pronouncing Judgment as It Becomes Functus Officio.

The Supreme Court considered the appeal against the summoning of Sukhpal Singh Khaira as an additional accused under Section 319 CrPC after the trial ...

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Bombay High Court Allows Petition of Company in Stamp Duty Adjudication Case — Holds Adjudication Under Section 31 of Bombay Stamp Act, 1958 Final and Binding. Reopening of Adjudication After 20 Years Under Section 53A Is Without Jurisdiction and Barred by Delay.

The petitioner, Hindustan Unilever Ltd., filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court challenging...

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Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

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Bombay High Court Allows Asset Disclosure Application Against Judgment Debtors Despite Suit Disposal — Order XXI Rule 41 CPC Applicable in Execution Proceedings. Court Rejects Functus Officio Argument and Holds That Existence of Security Does Not Bar Disclosure Order.

The Plaintiff filed a suit for recovery of Rs.1.26 Crores against the Defendants, which was decreed by consent terms dated 14th June 2016, wherein the...

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KAHC010366622012_1

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Bombay High Court Allows Second Appeals in Partition Suit, Remands for Mesne Profits Inquiry Under Order 20 Rule 18 CPC. The court upheld the District Judge's order setting aside the trial court's execution order and remanding for inquiry into mesne profits.

The case involves two second appeals arising from a common judgment of the District Court, Dadra & Nagar Haveli at Silvasa, in Misc. Civil Appeal No.1...