Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit along with cancellation of sale deed - Trial Court partly decreed the suit in favour of plaintiff but refused to grant relief in respect of sale deed - However, trial Court delivered the judgment without disposal of application filed u/s 45 of Evidence Act in which plaintiff specifically pleaded that..........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Claim of damages of 10 crores - In a suit for damages, ad-valorem Court fee is payable on the amount of damages claimed - Order rejecting application for rejection of plaint, set aside - Matter remanded...........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 4 of POCSO Act - Sole testimony of victim - Victim categorically stated in her statement u/s 164 Cr.P.C that neither accused nor any of his family member had assaulted her while she was with them - She has also not stated anything about subjecting her to sexual intercourse by accused when her..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3 -- Bail - Offence u/s 3 of PMLA - Petitioner is in custody for more than five years and eight months - Trial Court has not yet framed charge in the case and likelihood of completion of trial of petitioner in the case within reasonable time is very bleak - Maximum sentence..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused fire arm injury to injured as per prosecution case - However, prosecution failed to establish that it was a fire arm injury and injury has been caused by accused to injured, coupled with lack of forensic evidence - Recovery memo is also doubtful - Independent witness has denied prosecution story at..........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Interlocutory order passed in proceedings for grant of probate or Letters of Administration - Does not conclusively determines the rights of parties - Not a decree - Appeal thereagainst does not lie...........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Rejection of application for deletion of issues - Not a decree - Appeal against such an order does not lie...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 420, 511, 468, 471 -- Probation - Offence u/ss 420, 511, 468, 471 IPC - Accused had undergone trauma of criminal trial for last so many years - He has no criminal antecedents - None of offences in which accused was convicted, entail the punishment of death or imprisonment of life - Benefit of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
