Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while hearing quashing petition is not supposed to embark upon enquiry as to veracity of allegations...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband is a Chartered Accountant and is running his own firm - Merely because wife is also working, husband cannot shun away from his responsibility - Quantum of maintenance awarded by Court below @ Rs.10,000 p.m to each wife and child is merely adequate and appropriate as he is entitled to..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Can be raised at any stage before any Court by an accused, including Supreme Court even after final disposal of case in terms of S.7-A of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Findings in an inquiry conducted by Registrar upon directions of Supreme Court, would not per se prevail upon a contrary view taken by High Court, which is not based upon any such inquiry -..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Registrar in an inquiry has duly affirmed the veracity and bona fide nature of certificates adduced by schools attended by applicant - Certificate issued and school records of applicant is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 294, 34 -- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise without considering the fact that said offences are no, compoundable - Even, High Court not considered the relevant facts and circumstances of case, more..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Court framed issues and proceeded for recording of evidence - Thereafter Court could not have reverted back to decide suit only on the basis of preliminary issues...........
Constitution of India, 1950, Article 226, Indian Contract Act, 1872, Section 17 -- Writ jurisdiction - Plea of fraud - Is a question of fact and is to be decided on basis of pleadings and evidence before competent Court - Writ petition on said disputed question of fact cannot be entertained...........
Registration Act, 1908, Section 17 -- Family settlement - Decree - Registration - A family settlement arrived at prior in point of time acknowledged in a judgment and decree, such decree passed by Court does not require registration...........
