Criminal Procedure Code, 1973, Section 311, 173(5) -- Summoning of witnesses along with relevant record - Murder case - Witnesses sought to be summoned along with documents in connection with second post mortem of deceased - Although application was filed by Public Prosecutor but it was open for Trial Judge as well to exercise suo moto powers in summoning witnesses, whose..........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Complaint u/s 138 of N.I. Act was filed against accused - After period of 3 months complainant filed application u/s 156(3) Cr.P.C seeking registration of FIR - However, Magistrate declined to register the same and decided to inquire into the matter by treating same as complaint..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of vigilance enquiry report - No case is pending against petitioner in any criminal Court on basis of vigilance enquiry report - Petitioner neither sought any order of High Court to give effect to any order passed under Cr.P.C nor sought any order to prevent abuse of process of any criminal Court - Application..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Wife sought transfer of family suit from Vadodara to Surat - Distance between Vadodara and Surat is 170 kms - Wife having four wheeler vehicle and having a job of fashion design thus, is not having any hardship as compared to husband - Moreover, there is only a single matter pending with Court at Vadodara -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Sought from Court at `F' to Court at place `L' - Admittedly, area of `F' does not fall within territorial jurisdiction of Lucknow Bench of High Court - High Court Bench at Lucknow has no jurisdiction to transfer case pending outside its territorial jurisdiction - It would be open for petitioner to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizens - Eviction of son and daughter-in-law - There is no specific procedure prescribed under the Act and Rules for evicting any person who has allegedly occupied immovable property of a senior citizen illegally and has thereby put a senior citizen to mental torture -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - Complaint was immediately lodged after the incident - Both accused and prosecutrix has stated about the incident in question in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Partition suit - Plaintiffs are aged about 80 years and 72 years respectively - They are senior citizens - Application pending before Court below for more than 9 years, which is very unreasonable and contrary to procedure contemplated under law - Petitioners have to get fruits of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant came to know about ex parte decree only after receipt of notice in Execution petition - He immediately filed application U.O.9.R.13 CPC and also filed application U.O.16.R.1(2) CPC to issue summons to Post Master concerned to attend Court and give evidence - Further proceedings in..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
