Civil Procedure Code, 1908, Section 151, Order 13, Rule 10 -- Production of records in the custody of police - Alleged statements not available as per reply of DSP - In the absence of any material that documents are available and despite same, they are not furnished to petitioner, Court will not direct Deputy Superintendent of Police to send for documents and to give..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Appellant is in custody since 2022 - Trial of case is likely to take a long time - Without expressing any opinion on merits of the case, bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, 29, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B, Arms Act, 1959, Section 25 -- Bail - Contraband - Cheating - Petitioner has already suffered incarceration for a period of more than 5 years, 4 months and 19 days - Investigation was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Recovery suit - Suit barred u/s 446 of Companies Act - Suit was filed subsequent to the date of winding up order passed by High Court - Official Liquidator was also appointed and he had taken into his custody all the properties of company - Once liquidation proceedings are initiated against Company, no..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Court after granting anticipatory bail directed that petitioner be taken into custody upon submission of charge sheet - Court could have just left it open for trial Court to consider the matter upon petitioner appearing and then taking a call without there being any mandamus issued to take him..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Seized vehicle has remained in police custody over a year exposed to relentless forces of nature resulting in its gradual deterioration and inevitable depreciation - Release of vehicle emerges as the most judicious course of action - Keeping vehicle immobilized for an..........
Criminal Procedure Code, 1973, Section 195 -- Forgery of documents in custody of Court - Proceedings u/s 195 Cr.P.C. are to be resorted to by Court where forgery has been committed - However, when forgery of documents is committed outside Court but documents thereafter are produced in Court, an FIR/complaint at the instance of a private individual is maintainable...........
Will -- Intention of testator as reflected in Will cannot be frustrated for laches of person in whose custody Will was lying or for laches of executor...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition and petition for custody of child - Both the parties have filed rival guardianship petitions which are still pending and they are being pursued by parties - Mere fact that FIR has been got registered by husband against brother of wife, solely taking place of such single incident, does not ipso facto..........
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...........
