Criminal Procedure Code, 1973, Section 57, 167(2)(a)(ii), Indian Penal Code, 1860, Section 376(2) -- Life imprisonment - Default bail - Rape case - Merely because a meaning is given to imprisonment for life in S.376(2) IPC, it cannot be said that for computing period of detention u/s 167(2) Cr.P.C, S.57 IPC is not applicable...........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii), 57, Indian Penal Code, 1860, Section 511, 376, 306 -- Default bail - Offence u/ss 511, 376, 306 IPC - Accused who is charged for offence u/s 511, 376 IPC, can be imprisonment only for a period of 10 years - Admittedly, 60 days is over after first remand of accused - Final report is not filed as on today - Accused held,..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition for restitution of conjugal rights - Wife sought transfer of petition from Visakhapatnam to Vijayanagaram - Husband is a resident of Visakhapatnam, whereas, wife has to go to Visakhapatnam all the way from Vijayanagaram leaving her children under care of her parents - Even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court not to determine issues of fact, while deciding application for amendment of plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Amendment sought to incorporate relief of possession - Suit for declaration simpliciter is not maintainable, if consequential relief of possession is not claimed in a situation where party seeking declaration is out of possession of suit property - However, this..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change valuation of suit when plaintiff was asked to value suit on market value of suit property and to pay Court fee accordingly - Plaintiff instead of complying the order sought amendment of plaint - Plaintiff cannot be permitted to change his stand - Trial Court dismissed..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Complaint u/s 156(3) Cr.P.C. - Direction to police to register FIR and investigate - Complaint not supported by an affidavit affirming allegations raised in complaint as being true and correct - FIR quashed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of two Courts - Suit for permanent injunction - Claim of plaintiffs is based on registered Will executed by `K' in their favour - However, concurrent findings of two Court below that plaintiffs failed to established that said `K' was ever owner of property and he had a right and title vested..........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 498A, 304B -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Cruelty - Accused is confined in jail since 2016 and father of accused is diagnosed with pancolitis - Sentence of accused suspended during pendency of appeal...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
