Criminal Procedure Code, 1973, Section 173 -- Re-investigation by different agency - No other Court except the Superior/Constitutional Courts is vested with the powers to order reinvestigation or transfer investigation of a case from one agency to another, to secure the ends of justice - In the instant case order passed by Magistrate is without jurisdiction to order..........
Family Courts Act, 1984, Section 19, Hindu Marriage Act, 1955, Section 24 -- Appeal against order passed u/s 24 of Hindu Marriage Act - Proceedings initiated u/s 24 of Hindu Marriage Act are independent proceedings and order passed in it is final order - Appeal u/s 19 of Family Courts Act is thus, maintainable...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Husband continues to work as not in dispute as per impugned order of granting maintenance to wife - Moreover, if husband is an able bodied man, it is his duty to maintain his wife - Interim maintenance rightly granted to wife...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - A student was reprimanded for misconduct in the College and on endeavor to take disciplinary action and call the father, though the parent did not turn up and subsequently the child committed suicide - No iota of material on record even assuming the complete charge sheet to be correct which could lead to..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Execution - Objections - Defendant had filed objections several times against decree and same was rejected - Even earlier order of dismissing application filing objections attained finality being not challenged by defendant - Present application for filing objections is thus, devoid of merits and..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - High Court was not right in dismissing petition by giving a finding on novation of Share Purchase Agreement between parties - Said aspect would have a bearing on merits of controversy between parties - It must be left to Arbitrator to decide on said issue also - Impugned order set aside -..........
Explosive Substances Act, 1908, Section 5 -- Offence u/s 5 of the Act - In order to bring home the offence u/s 5 of the Act, prosecution has to prove that substance in question is an explosive substance; that accused person has made or knowingly has in his possession or under his control any explosive substance; that he does so under such circumstances as to give rise to a..........
Evidence Act, 1872, Section 137 -- Opportunity to cross examination plaintiff - Adjournment granted ten times to cross examine plaintiff and thereafter his Advocate pleaded no instructions - Impugned order declining opportunity of defendant to cross-examine plaintiff is proper...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 328, 120B -- Bail - Rape - High Court while allowing bail application has not taken into consideration relevant aspects which are required to be kept in mind - Considering fact that charge sheet has already been filed, accused is already charge sheeted and relevant material is also now a..........
Civil Procedure Code, 1908, Order 21, Rule 46, 46A -- Notice to garnishee - Executing Court should first attach the debt U.O.21.R.46 CPC before proceeding to pass order U.O.21.R.46-A CPC...........
