Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Applicable when following conditions are satisfied: (i) there must be a conflict of interest between co-defendants; (ii) it must be necessary to decide that conflict in order to give relief to plaintiff; (iii) question between co-defendants must have been finally decided; and (iv) co-defendants..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Plaintiff and defendant were co-defendants in earlier suit and were on same side of fence and had contested the suit - There was no conflict of interest inter se between them - In such circumstances principle of res judicata cannot be applied - Suit of plaintiff not barred by res judicata...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468, 472 -- Domestic violence - Maintenance - Applicability of provisions of Ss.468, 472 Cr.P.C - Offence under PWDV Act is a continuing offence and demands are made and applications which are going to be filed are not barred by limitation and Court can grant..........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - If a person is arrested and not produced before jurisdictional Court, he is entitled to maintain a petition u/s 437 Cr.P.C, as there is no need of actual production of accused before jurisdictional Court seeking bail u/s 437 Cr.P.C...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Magistrate has got absolute jurisdiction to entertain an application u/s 437 Cr.P.C in view of Ss.78 to 81 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Additional accused u/s 319 Cr.P.C. can only be summoned in exceptional cases and that also after Court finds that more than prima facie case is established against additional accused sought to be summoned...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Complaint u/s 498-A IPC - Jurisdiction - 2019(2) Apex Court Judgments 344 (S.C.) : 2019(2) Criminal Court Cases 578 (S.C.) followed, wherein held : Courts at the place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by..........
Civil Procedure Code, 1908, Section 47 -- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way of an application in an execution..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegation levelled against each other can be adjudicated only after evidence - Truthfulness of allegations cannot be considered in proceeding u/s 482 Cr.P.C before High Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Adjudication of questions of facts and appreciation of evidence or examining reliability and credibility of version, does not fall within arena of jurisdiction u/s 482 Cr.P.C...........
