Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360 -- Withdrawal of prosecution - Trial Court dismissed application u/s 360 BNSS without providing any reasons for not allowing application filed by prosecutor - Even, Trial Court failed to consider or address various grounds canvassed by prosecutor justifying prayer for withdrawal or material furnished before Court -..........
Commercial Courts Act, 2015, Section 2(1)(c) -- Commercial dispute - Recovery suit for misappropriation of funds or loss of funds from current account maintained by banking institution, based on withdrawal of money by encashing forged cheques, is the subject matter of commercial dispute - Commercial Court thus, has jurisdiction to try the suit...........
Custody of child -- Child not allowed by mother to interact with father inspite of directions of Court - Contempt of Court proceedings filed by father - Parties may be divorced as husband and wife, but they can never be divorced as parents - Their responsibilities as parents will continue as long as they live, notwithstanding whether they are husband and wife - Contempt..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Anti-suit injunction - Court can issue anti-suit injunction despite the fact that other party had resorted to legal proceedings outside India...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Objection that suit is barred by S.41 of Specific Relief Act can very well be considered by trial Court at an appropriate stage - Application rightly rejected...........
Commercial Courts Act, 2015, Section 2(1)(c)(vii) -- Commercial dispute - Merely because property is likely to be used in relation to trade and commerce, same cannot be ground to attract jurisdiction of Commercial Court...........
Family Courts Act, 1984, Section 14, 20, Evidence Act, 1872, Section 122 -- Whatsapp chats - Marking as exhibits - Matrimonial dispute - (a) the evidence is admissible so long as it is relevant, irrespective of the fact how it is collected; (b) merely admitting evidence on record is not proof of a fact in-issue or a relevant fact; (c) test of `relevance' ensures that right..........
Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Execution - Decree of restitution of conjugal rights - It is not necessary for wife/DH to establish that there is willful disobedience of decree on the part of husband/JD - Court gets jurisdiction to pass a direction for periodical payments when JD fails to obey decree within time limit provided - If no such time limit..........
Custody of child -- Claimed by father - Writ of habeas corpus - Child is citizen of USA by birth - However, child is living with her mother in India - Father of child obtained order of USA Court directing mother to produce child before it - However, father has alternative remedy as per different provision of CPC including S.44-A and Ss.13, 14 CPC and if required and law..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Quashing of complaint - General allegations - Complainant apart from making bald allegation that co-accused were acting at behest of accused 4, failed to provide any material to connect Accused 4 with..........
