Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 27 -- Custody of minor children - Jurisdiction - Minor children taken away from their place of residence in Gurgaon (Haryana) to District Alwar (Rajasthan), three months prior to filing of the petition - Court is required to adjudicate the issue regarding jurisdiction on the..........
Protection of Women From Domestic Violence Act, 2005, Section 27 -- Territorial jurisdiction - Complaint - Wife residing with her sister, a close kith and kin after she left her matrimonial home - Son of wife is also studying within tricity of Chandigarh - It cannot be said that wife is residing with her sister only on account of filing of complaint under PWDV Act - Courts..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 320, 307, 324, 326, 148, 149, 120B, Arms Act, 1959, Section 25, 27, 54, 59 -- Bail - Murder - Prima facie case is made out against accused (an NRI), as group of persons are seen committing offence using deadly weapons and sticks - Seriousness and gravity of offence can be clearly observed from CD..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Landlord seeking to adduce photograph of house, information regarding electricity connection to establish acquisition of two houses in vacant state by tenant as acquisition of said land was not in the knowledge at the time of judgment of trial Court - Said evidence is..........
Arms Act, 1959, Section 27 -- Offence u/s 27 of the Act - Valid licence issued in the name of petitioner for possession and use of firearm in question - Trial Court committed manifest error while framing charge - Proceedings u/s 27 of the Act quashed...........
Drugs and Cosmetics Act, 1940, Section 18(c), 27(b) -- Sale of medicines without licence - Accused no.1 was running medical shop in premises owned by applicant - Except making a bald statement that accused Nos.2 and 3 are selling medicines from shop of accused no.1 of which license is already cancelled, there is no material to show that applicant was conducting business..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Two important ingredients are to be fulfilled in order to invoke O.41.R.27(1)(b) CPC namely, `requires' and `for any substantial justice' - Requirement thus, must be of Court and not of any party to suit - When Court opines that without additional evidence it cannot pronounce judgment..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - O.41.R.27 CPC cannot allow a litigant who had been unsuccessful in lower Court to patch up weak parts of his case and fill up omission in appeal...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by defendants are plaint and order sheet of earlier suit - Said documents were well within knowledge of defendants but they did not bring the same on record by way of evidence at trial stage - Requisite condition as mentioned in O.41.R.27..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Appeal against conviction - As per evidence on record there is material contradictions in the evidence of witnesses and they do not seem to be reliable - Even, PW6 eye-witness gave contradictory version with regard to occurrence - Neither..........
