Criminal Procedure Code, 1973, Section 227, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Discharge - Offence u/s 4 of POCSO Act - I.O during investigation did not proceed for collecting birth certificate of victim - Medical Officer as per Ossification test opined that age of victim was more than 14 years but less than 15 years - There is thus, no..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Scope - O.41.R.27 CPC applies to an appeal from an original decree and not an appeal from an order which is governed by O.43 CPC...........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Interim maintenance - Revision - Scope is restricted to the extent of examining legality, correctness and propriety of impugned judgment and order...........
Succession Act, 1925, Section 276 -- Probate - Will - Letters of Administration granted in favour of beneficiary, since deceased - There is thus, no scope for any substitution of petitioners/LRs - Probate Court has become functus officio after granting letters of administration in favour of deceased - Petitioners can seek their remedy before appropriate forum...........
Succession Act, 1925, Section 276 -- Probate - Will - Letters of Administration granted in favour of beneficiary, since deceased - There is thus, no scope for any substitution of petitioners/LRs - Probate Court has become functus officio after granting letters of administration in favour of deceased - Petitioners can seek their remedy before appropriate forum...........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Violation of status quo order - Vacating of stay order in appeal by High Court in exercise of contempt jurisdiction did not assume either a restitutive or a remedying character - Therefore, vacation of stay order did not have effect of restoring the parties to their original position or deny contemnor the..........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - While considering application for bail, scope of appreciation of evidence and other material on record is limited - Court is not expected to critical analysis of evidence on record...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is not competent for the Court to go into the correctness or otherwise of the allegations constituting the cause of action and the same is beyond the scope of O.7.R.11 CPC - What is required to be disclosed by the plaintiff is a clear right to sue and failure to do so must necessarily entail in..........
Criminal Procedure Code, 1973, Section 311 -- Scope - Court has a plenary power to summon any person at any stage of the proceedings as a witness - This power includes recall and re-examination of any person who has already been examined - This power is to be exercised when Court finds it necessary to summon/recall any witness for just decision of the case...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Scope of the Act - Use of words "more effective protection to women" in the Act means that where a sufferer has a right to obtain maintenance as provided in criminal law or in civil law or personal law and that she has been subjected to domestic violence from a person who stood in..........
