Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court has to consider complete assertions and one or two lines in between as such cannot be picked up and considered for the purposes of consideration of application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Call to be taken by Courts for payment of Court fee or not, shall be appropriately considered by framing an issue upon the same and providing an opportunity to lead evidence and hearing parties to lis - Payment of ad valorem Court fee under these circumstances is mixed question of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - While seeking bail on the ground of delay in trial, it is incumbent upon applicant to place on record order sheets of trial Court in order to rule out the possibility that matter is being adjourned at request of applicant himself...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 366A, 368, 376, 342, 370, 370A, 373, 109, 120B, 34, Immoral Traffic (Prevention) Act, 1956, Section 3, 5, 7, Protection of Children from Sexual Offences Act, 2012, Section 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 23 -- Bail - Kidnapping and rape - Forced..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for adducing additional evidence would be considered and decided at the time of final hearing of appeal - It was obligatory for first appellate Court to give a specific decision in clear terms on such an application, either by allowing the same or by rejecting the same...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Pleader Commissioner - Dispute lies regarding use and utility of suit land either for cultivation purposes or having a school over the same - Petitioner denied claiming that there is no school building - Appointment of Commissioner is the right way to deal with the situation - For deciding an application for..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - When case can be decided on interpretation of documents available, there is no need to remit the matter only for appointment of another Court Commissioner...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 12 -- Shared household - House in question is matrimonial home of wife wherein after her marriage she was residing with her husband and children - Wife is in domestic relationship with respondents/in-laws as defined in S.2(f) of PWDV Act - After the death of her husband, respondents subjected her to cruelty..........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint cannot be rejected merely on the ground of insufficient Court fee - Plaintiff be afforded an opportunity to rectify such deficiency - Only upon failure to comply, plaint can be rejected...........
