Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of considering discharge application, Court cannot consider documents which are not admitted by prosecution...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of considering discharge application, Court should not enter into appreciation of evidence to verify if the defence plea can be established by accused or not...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Computation of period of 90 days - Day on which accused was remanded to judicial custody should be excluded and the day on which challan is filed in the Court, should be included...........
Criminal Procedure Code, 1973, Section 245 -- Discharge - Court is required to record reasons for accepting or not accepting the grounds urged by petitioner to discharge him...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Suit for declaration as to validity of marriage as also for negative declaration regarding marital status, falls within exclusive jurisdiction of Family Court as per S.7 Explanation (b) of the Act...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95 -- Execution - Objections - Once objections filed by JD are dismissed by Executing Court and same have attained finality, JD had no locus standi to file any further objections - Auction purchaser who had purchased property in auction, had stepped into the shoes of DH and had every right to further seek possession,..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by trial..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of Court is a mixed question of law and fact - Plaint should not ordinarily be rejected on the ground of jurisdiction without framing a distinct issue and taking evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - If Court is satisfied on all three parameters i.e. prima facie case, irreparable loss and balance of convenience, then it may grant interim relief...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against two sisters-in-law - Material on record though implicate both sisters-in-law of deceased, but their role appears relatively less direct - One of them has recently got married and begun her new life,..........
