Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Cannot be appointed for collection of evidence in favour of any party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Appeal and not writ petition lies thereagainst...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the stage of decision of an application U.O.7.R.10 CPC, Court is only required to go through contents of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit instituted at place `H' - As per averments made in plaint, part of cause of action arises at place `H' - Order rejecting application, upheld...........
Indian Penal Code, 1860, Section 364A -- Kidnapping - Second condition "threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt' - Held, second condition is also a condition precedent, which is requisite to be satisfied to attract S.364-A of IPC...........
Indian Penal Code, 1860, Section 364A, 363 -- Kidnapping for ransom - Kidnapping of victim for ransom - Demand of ransom also proved - However, second part of provision of S.364-A IPC that victim may be put to death or hurt nor there is anything in the evidence on the basis of which it can be held that second part of condition is fulfilled - Accused is liable to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 815 intoxicant tablets - Bail - Petitioner is first offender and he is in custody for last 7 months and 11 days - He is not involved in any other case - Custodial interrogation of petitioner is not required and conclusion of trial will take some time..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 366A, 344, 346, 376(DB), 120B -- Juvenile - Bail - Kidnapping and rape - Accused was a young boy aged less than 16 years on the date of incident - He was confined in observational home from last more than 2 years and 2 months - Accused does not have any criminal..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under POCSO Act - Case is at evidence stage - Special Judge has proceeded with the matter expeditiously - Accused is a student pursuing his studies in B.A - Court directs jail authorities to provide all necessary facilities even by allowing accused to attend his classes online - Bail application held, dismissed...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement - Change of circumstances includes rise in cost of living, fact of inflation, resulting in fall in purchasing power of money and consequent rising cost of commodities which can be taken as grounds for enhancing maintenance...........
