Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Particulars in a suit as are required to be pleaded in terms of O.7.R.1 CPC, if are not correctly pleaded and for formal defect a suit may fail, then power is vested with Court to permit plaintiff to withdraw the suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit or abandonment of part of claim - Plaintiff has an unfettered/absolute right to withdraw/abandon part of their claim in plaint U.O.23.R.1 CPC without seeking any leave to file a fresh suit...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Non-cooperation with investigation by petitioner - Behaviour attributed to petitioner cannot be considered as an instance of non-cooperation, justifying denial for grant of pre-arrest bail, since an accused while joining investigation is not expected to make self incriminating statement under..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment challenged the judgment and decree as well as mutation - Said judgment and decree and mutation were within his knowledge, rather factum of same finds mentioned in plaint itself - Amendment would change nature of suit and would amount to a de novo trial as even though..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is not withdrawal from a place but from a state of things...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Withdrawal from society without reasonable excuse - Must be demonstrated...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360 -- Withdrawal of prosecution - Duty of Court - Court must consider whether public prosecutor applied his mind as a free agent uninfluenced by irrelevant and extraneous or oblique considerations while requesting withdrawal - Court must exercise its judicial discretion by considering all materials placed before it by..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 36, 438, 442 -- Withdrawal of prosecution - Revision - High Court can amend order of trial court u/s 360 BNSS, if same is passed by Trial Court without independently considering all materials placed before it and without applying mind to assess whether application is moved in good faith, in interest of public policy and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360, 438, 442 -- Withdrawal of prosecution - Revision filed by accused against dismissal order u/s 360 BNSS - If order passed u/s 360 BNSS is s vitiated by non-application of mind, accused has every right to bring it to notice of High Court by way of a revision...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360, 438, 442 -- Withdrawal of prosecution - Revision filed by accused against dismissal order u/s 360 BNSS - Maintainability of revision filed by accused - Accused has right to challenge dismissal order u/s 360 BNSS, even if State has not chosen to challenge the same, if the order u/s 360 BNSS is vitiated by..........
