Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Trial Court i.e., being a Court of Sessions was entitled to entertain an application u/s 439(2) CrPC (now S.483(3) BNSS) seeking cancellation of bail on the grounds of violation of bail conditions imposed by it, notwithstanding the fact that..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree passed with direction to petitioner to remove obstruction on approach road and further restraining petitioner from causing obstruction to plaintiff's right of way - Said decree makes a reference to a map in which road is shown - Entire dispute revolved around the access road leading from..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Auction sale - Executing Court normally follow procedure U.O.21.R.64 CPC while selling property - Further, Executing Court shall sell entire property or only a portion of it, as deemed necessary to satisfy decree - If petitioner is able to show that property worth is more than decretal amount than value of amount..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while adjudicating application seeking to quash proceedings is to see whether prima facie an offence is made out or not - It is not to examine whether charges may hold up in Court...........
Family Courts Act, 1984, Section 14 -- Family Court - Evidence Act not strictly applicable to family court - However, S.14 of the Act does not dispense with burden of proof...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition by husband - Petition for restitution of conjugal rights by wife - Ground of cruelty not established by husband - Husband abandoned wife without sufficient cause - Since husband left matrimonial home without sufficient cause, Family Court rightly ordered restitution of conjugal rights in favour of wife -..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Trial Court while taking into account evidence on record decreed suit but could not come to a specific finding to the effect that plaintiff was in possession of suit land on the date on which it was alleged that defendants entered into suit land - Taking into account that proceedings are summary in..........
Evidence Act, 1872, Section 106 -- Circumstantial evidence - Mere presence of inconsistencies in chain of circumstances does not automatically demolish prosecution`s case - However, prosecution must be able to explain inconsistencies to satisfaction of court...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Bald allegations made by complainant against accused without mentioning any specific incident - No incriminating material found by prosecution or produced by complainant to substantiate the ingredient of cruelty u/s 498A IPC - Complainant failed to produce medical..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Divorce decree - Where parties have moved on with their respective lives, it would be unjust and unfair to compel accused to go through tribulations of trial - Order of discharge by trial Court upheld...........
