Criminal Procedure Code, 1973, Section 31 -- Conviction u/ss 376, 363 IPC - Without specifying in order as to whether sentences will run concurrently or consecutively - Accused continuously served about 13 years and 2 months of imprisonment - Nothing adverse in regard to their conduct while serving sentences has been placed on record - Maximum period of imprisonment to be..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23, Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order passed u/ss 21, 23 of PWDV Act do not attach any criminal liability, as it is civil in nature - Application u/s 482 Cr.P.C not maintainable against such order - Moreover, petitioner bypassing remedies u/ss 25, 29 of PWDV Act, cannot..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review is only to rectify factual or legal error which is apparent on the face of record - Any other aspect which touches the merits of case and would require to re-open the issue again in order to ascertain the factual contentions is completely beyond the scope of review...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - While considering discharge application trial Court is not to act as a mere post office - Court has to sift through evidence in order to find out whether there are sufficient grounds to try suspect - Court has to consider broad probabilities, total effect of evidence and documents produced and basic infirmities..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - High Court committed error by not entertaining revision petition against order rejecting discharge application, on merits and overlooking fact that discharge is a valuable right provided to accused - High Court and Court below have not examined fairness of criminal investigation in the case and other related aspects..........
Civil Procedure Code, 1908, Section 96(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint amount to a decree - An appeal lies thereagainst...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte ad interim order passed despite filing caveat - Ex parte ad interim order rightly set aside...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court while granting bail to accused overlooked several aspects, such as potential threat to witnesses, forcing trial Court to grant protection - Order of High Court granting bail to accused set aside...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, Protection of Children from Sexual Offences Act, 2012, Section 28, 31 -- Order rejecting bail - Offences under SC/ST Act and under POCSO Act - Case involving trial of accused for offences under both SC/ST Act and POCSO Act shall be conducted..........
