Family Courts Act, 1984, Section 9, 10, 11 -- Proceedings in camera - Video Conferencing - Hearing of matrimonial disputes may have to be conducted in camera - After settlement fails and when joint application is filed or both parties file their respective consent memorandum for hearing of case through Video Conferencing before concerned Family Court, it may exercise..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Video Conferencing cannot be excluded from any stage of proceeding before Family Court - Whether it should be adopted in a particular case must..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Statue saves the inherent power of High Court, as a superior Court, to make such orders as are necessary: (i) to prevent an abuse of process of any Court; or (ii) otherwise to secure the ends of justice...........
Criminal Procedure Code, 1973, Section 360, Essential Commodities Act, 1955, Section 7 -- Probation - Offence u/s 7 of 1955 Act - Accused are first offenders and having no criminal antecedents - Therefore, accused be dealt u/s 360 Cr.P.C. - Ends of justice will be served by granting benefit of probation...........
Wrong provision of law -- Mere wrong mention of the provision in the application does not prohibit a party to the litigation from getting justice...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Matrimonial dispute - Compromise between parties is genuine, arrived voluntary without any fear or force - Even, none of the parties is proclaimed offender - Keeping in view the facts and circumstances of the case, it would be in the interest of justice to quash the FIR as no useful purpose would..........
Agreement to sell -- Suit for specific performance - Refund of advance amount - Where money paid is part of sale price, forfeiture clause will be treated as having effect of penalty - Even in absence of a prayer for refund of advance sale amount by plaintiff, with a view to render complete justice, Court is empowered to mould relief and to issue appropriate direction to..........
Criminal trial -- Locus standi - Traditional view of locus standi is that the person who is aggrieved or affected has the standing before the court, that is to say, he only has a right to move the court for seeking justice...........
Criminal Procedure Code, 1973, Section 311 -- Re-examination - Object of the provision as a whole is to do justice not only from the point of view of the accused and the prosecution but also from the point of view of an orderly society - This power is to be exercised only for strong and valid reasons and it should be exercised with caution and circumspection - Recall is..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of juvenility - Matriculation certificate of appellant serves conclusive proof for his date of birth - Appellant is juvenile-i, conflict-with-law as per his matriculation certificate on date of..........
