Criminal Procedure Code, 1973, Section 144, 145 -- Imposition of prohibitory order - Writ jurisdiction - Nature of dispute between parties appeared to be title and possession - Accordingly parties were given liberty to take recourse before competent Court of law - Impugned order has lost its statutory force u/s 144(4) Cr.P.C - Moreover, Court u/art 226 of Constitution does..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 99(1) -- Report of Child Welfare Committee or Board - Confidentiality related to reports of Child Welfare Committee or Board is not absolute - When such a report is called for before Court of law in a dispute related to parent or guardian of child or involving interest of minor, access to contents of..........
Constitution of India, 1950, Article 142 -- Transfer of undertrial prisoner from one State to another State - Convict or an undertrial prisoner, who disobeys law of land, cannot oppose his transfer from one prison to another be a convict or an undertrial prisoner, Courts are not to be a hapless bystander when rule of law is being challenged with impunity - In such..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 328, 506 -- Bail - Rape - Allegation against father-in-law that he after giving some tablets which made prosecutrix unconscious did a wrong act with her and made objectionable videos and clicked her photographs - Issue with regard to contradiction of statement u/s 164 Cr.P.C and deposition..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A, 34 -- Multiple dying declarations - Murder - Allegation against husband and sister-in-law - Deceased initially named her husband alone as person who set her on fire - There is no reference to sister-in-law in this statement or any demand for dowry - Subsequently, deceased stated that she had been..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Unsubstantiated allegations levelled by wife against husband - Wife did not want parents-in-law to be maintained from the income of husband - Husband is the only son and an earning members in the family and he is legally and morally bound to maintain his parents - If wife insist on husband to..........
Sub-lessee -- Is not a necessary party and non-joinder of sub-lessee would not make a decree passed by competent Court as wrong in eyes of law...........
Civil Procedure Code, 1908, Section 151 -- Execution - Restoration of petition dismissed in default - Application for restoration of Execution Case was earlier allowed by a speaking order and case was posted for appearance of non-applicants - However, application for restoration was again considered and rejected and there was also an observation made by execution Court..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Preliminary issue - Issue of limitation, if a mixed question of fact and law, cannot be taken up as a preliminary issue...........
Will -- Due execution - Neither attesting witness nor scribe of Will was examined - Will being an instrument required to be attested by law, same could not be used as evidence in the light of bar u/s 68 of Evidence Act - Will held, not proved and thus, cannot be used as evidence...........
