Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against father-in-law and mother-in-law - A-2 and A-3 had a principal role in pressurizing the deceased with repeated demands for expensive items and subjecting her to relentless cruelty - It emerges that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against two sisters-in-law - Material on record though implicate both sisters-in-law of deceased, but their role appears relatively less direct - One of them has recently got married and begun her new life,..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Violation of bail condition - Accused applied for employment/residence visa - Accused-1 obeyed condition-1 of bail order by surrendering his passport and thereafter got his passport released for short visit to Dubai by filling application before Trial Court and subsequently re-surrendered his passport..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order - Cancellation of bail - Violation of bail condition - Accused 2 and 3 violated condition-1 of bail order by not surrendering their passports before jurisdictional court - Even, accused 2 violated second part of condition no:1 of bail order by going abroad without permission of Court - Cancellation of..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order - Cancellation of bail - Magistrate cancelled bail granted by HC u/s 439 Cr.P.C - However, bail order specifically provided, in case of violation of bail conditions, prosecution can move for cancellation of bail before Jurisdictional Court - Though application was filled by quoting S.439(2) Cr.P.C,..........
Arms Act, 1959, Section 17 -- Cancellation of fire arms license - Once foundation allegation against petitioner is found to be incorrect, then cancellation of fire arm license itself is bad in law, particularly when there is no finding in the impugned order of cancellation of license that petitioner may misuse his firearm license in future - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Will -- Suspicious circumstance - Testator was not required to give reasons for altering his prior Will that he executed 24 years prior to execution of present Will - Neither cancellation of prior Will after 24 years nor non-mentioning of reasons to execute new and fresh Will can be said to be not normal or suspicious...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of order - Order of cancellation of bail and issuance of non-bailable warrants - Petitioner has remiss in appearing before Court only on one date consequently orders in question were passed against him - However, within seven months of absence form Court and on coming to know about passing of impugned order,..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
