Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Proceedings u/s 125 Cr.P.C - Wife sought transfer of case on the grounds of apprehension of danger to life and financial crisis - However, no ground for transfer of case from one district to another is made out - Rules 2020 gives choice to litigant to approach Court using digital technology - Digitization..........
Criminal Procedure Code, 1973, Section 125, 127(2) -- Maintenance - Cancellation - Order of cancellation shall be effective only from date of order and it cannot date back to the date of application - Till the order is altered, modified or cancelled, the earlier orders will remain effective - Order of cancellation of maintenance always operates prospectively and not..........
Civil Procedure Code, 1908, Section 92(1) -- Suit u/s 92 CPC - In order to maintain a suit u/s 92 CPC, persons applying should show existence of a public charitable or a religious Trust or a purpose - There should be a clear breach of terms of Trust - Such a petition could be filed by two persons interested in the affairs of Trust...........
Criminal Procedure Code, 1973, Section 239, 240 -- Discharge - Court shall give detailed reasons while passing an order of discharge - However, in the case of passing an order framing charge, Court need not assign detailed reasons...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 147, 148, 149, 352, 323, 306, 504, 506 -- Anticipatory bail - Offence u/ss 147, 148, 149, 352, 323, 306, 504 & 506 IPC - Grant of anticipatory bail in a heinous case on the basis of CCTV footage produced by accused, without any kind of certification and/or authentication, ignoring the materials on..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Amendment of valuation of suit - Revision - Permission to amendment in valuation of suit cannot be given a status of a case decided - Revision against such interlocutory order of allowing amendment application qua valuation of suit not maintainable unless it affect jurisdiction of Court - Revision petition..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Order passed against a dead person - Order is nullity and same cannot be allowed to operate against his LRs who were never brought on record to defend their case...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - High Court set aside order of discharge and remitted the matter to trial Court - No reasoning given by High Court - Impugned order set aside - Matter remitted to High Court for decision afresh...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 304(Part II) -- Framing of charge u/s 304(Part II) IPC - Trial Court while discharging accused u/s 302 IPC proceeded to frame charge u/s 304(Part II) IPC by taking into consideration medical evidence on record - Whether the case falls u/s 302 IPC or S.304(Part II) IPC, could have been decided..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Dismissal of application U.O.26.R.9 CPC not on merit but taking a pedantic view - Court has exercised its jurisdiction illegally and with material irregularity - Revision lies against such order in view of S.115 CPC (As in U.P.)...........
