Criminal Procedure Code, 1973, Section 97, 482, Indian Penal Code, 1860, Section 342, 44 -- Wrongful confinement - Proceedings u/s 97 CrPC - Quashing - As per petition/complaint, daughter of opposite party No.2 had been snatched away by husband and others from her custody - Held, so long, the issue is not resolved by a Civil Court, wife is competent to take recourse to..........
Criminal Procedure Code, 1973, Section 97 -- Wrongful confinement of minor - Search warrant - Issuance of - Held, what S.97 requires is `confinement' of a person, which amounts to an offence, and it is not necessary that the person, who, ultimately, holds custody of the minor is innocent or not - If a Magistrate is satisfied that a minor has been wrongfully confined, it..........
Criminal Procedure Code, 1973, Section 97 -- Wrongful confinement of minor - Issuance of search warrant - Interference therewith in revision when warranted - Held, a revisional Court cannot mechanically interfere with an order of issuance of search warrant inasmuch as it is the duty of revisional Court to interfere with an order only when the order is, otherwise, illegal,..........
Act of Court shall not harm anybody -- The factor attracting applicability of the restitution is not the act of the Court being wrongful or mistake or error committed by the Court - The test is whether on account of an act of the party persuading the Court to pass an order held at the end as not sustainable has resulted in one party gaining an advantage which it would not..........
Civil Procedure Code, 1908, Section 91 -- Scope - Even persons, to whom no special damage has been caused on account of a wrongful act or public nuisance, may institute a suit upon complying with the conditions stipulated in S.91(1) of the Code of Civil Procedure - However, such provision cannot be construed to restrict the right of a person to file a suit in view of a..........
Civil Procedure Code, 1908, Section 91, Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Construction of roof on public street - Obvious consequence thereof would be that flow of natural light and air to the adjoining premises would be diminished - Suit filed by neighbour for mandatory injunction as construction has caused special damage to him, is..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Act of Court - The factor attracting applicability of restitution is not the act of the Court being wrongful or a mistake or error committed by the Court - The test is whether on account of an act of the party persuading the Court to pass an order held at the end as not sustainable, has resulted in one party gaining..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition u/s 163-A of the Act - Claimant have neither to plead nor to establish negligence - Negligence (as also, 'wrongful act' and 'default') can be established by the owner or the insurance company to defeat a claim u/s 163-A of the Act...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Refusal - Prosecution case as against accused/petitioners cannot be said to be false or baseless - Prosecution has been initiated for having caused wrongful gain to accused persons and a heavy loss to the people at large as a big chunk of their land has been leased out illegally for an inordinate long period..........
Representation of the Peoples Act, 1951, Section 100(d)(i), Civil Procedure Code, 1908, Order 7, Rule 11, Conduct of Elections Rules, 1961, Rule 40A -- Election petition - Cause of action - What does term "cause of action" mean and how pleaded in election petition - Held, it is a bundle of essential facts and refers entirely to media upon which plaintiff/petitioner asks to..........
