Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Sought by husband - Merely because husband's mother is widowed aged lady is not a ground for seeking transfer of case - Application dismissed...........
Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Husband stated that he met with accident and sustained injury to his leg and he is not able to travel from Bengaluru to Chikkamagaluru to lead evidence - Said aspect is not made out a ground in the petition to be considered - Application..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 18, Article 21 -- Rejection of plaint - Barred by limitation - Recovery suit - Acknowledgment of debt - Loan was advanced on 13.11.2015 and limitation period of three years prescribed u/art 21 of Limitation Act expired much prior to alleged acknowledgement dated 30.7.2020 - Acknowledgment of debt..........
Unlawful Activities Act, 1967, Section 44 -- Protection of witnesses - Application for protection of witnesses u/s 44 (2) of the Act can be filed either by a witness or by Public Prosecutor - Trial Court can also on its own motion, if conditions mentioned in S.44(2) of the Act are made out, take appropriate measures as it deems it for keeping identity and address of..........
Unlawful Activities Act, 1967, Section 44(2) -- Protection of witnesses - Special Court has not recorded a clear satisfaction that life of witnesses are in danger based on materials - Impugned orders protecting witnesses does not reflect consideration of materials on record before deciding measures to be taken for keeping identity of witnesses secret - No reasons at least..........
Criminal Procedure Code, 1973, Section 92, Evidence Act, 1872, Section 65B -- Telephonic conversations contained in pen drive - No evidence on record to identify voice of deceased - In absence of any accepted and definite evidence identifying voice of deceased, even if pen drive containing alleged conversation is taken on record, prosecution would have no evidence to prove..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Accused kidnapped prosecutrix minor in age and after taking her to various places he sexually ravaged her - All family members of prosecutrix have supported prosecution allegations..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court to consider only averments as made in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings made qua cause of action in plaint - Whether facts as pleaded are true or not is a matter of evidence - No finding definitely can be recorded to said effect while deciding an application U.O.7.R.11 CPC - Application rightly rejected...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21(c), 25, 29 -- Bail - Contraband - Petitioner No.2 along with petitioner No.1 were caught red handed while transporting contraband, which is of commercial quantity and therefore, rigor of S.37 of NDPS would apply with full force - Court not in a..........
