Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7 -- Rejection of plaint - Lack of jurisdiction - From the date of constitution of Family Court covering an area, any dispute between husband and wife concerning property owned by them or by any of them, Family Court alone shall have jurisdiction to decide and District Court or Subordinate civil..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Recovery of 76.700 gms Ganja - PW5 submitted report to his immediate superior officer within 24 hours well within time as provided u/s 52 of the Act - Accused were also produced before Court without any delay - There is thus, full compliance of Ss.52, 57 of the Act - Accused rightly convicted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Observations made by any Court while deciding any interlocutory application are all tentative and confined to those applications - While deciding the main suit, Courts are not expected to get influenced by any observations that were made by Court in interlocutory applications - Rights and duties of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Observations made by any Court while deciding any interlocutory application are all tentative and confined to those applications - While deciding the main suit, Courts are not expected to get influenced by any observations that were made by Court in interlocutory applications - Rights and duties of..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant after filing written statement cannot be allowed to file counter claim separately except with permission of Court...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Written statement jointly filed by defendants No.4 & 7 - On the same date they filed counter claim alongwith defendants No.1 to 3 - Defendants No.1 to 3 had already filed their written statement and thus forfeited their right to file counterclaim without permission of Court - Counter claim so far as it relates..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount deposited with trial Court has been agreed to be released in favour of complainant - Complainant has no objection for compounding the offence in case said amount is released in his favour - Offence ordered to be compounded - Conviction and sentence set aside...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape - Prima facie or reasonable ground to believe that accused has committed offence of rape upon prosecutrix - Offence in question is grave by its nature - Prosecutrix during in her deposition before trial Court not..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - After report u/s 202 Cr.P.C submitted by enquiry officer, trial Court can either dismiss complaint u/s 203 Cr.P.C or proceed ahead by issuing process against accused u/s 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Direction to conduct in-depth enquiry to other enquiry officer after report was submitted by earlier enquiry officer is not illegal, as earlier enquiry officer had not conducted enquiry with regard to certain allegations levelled in the complaint - Trial Court is well within its power to get..........
