Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition that appellant resumes conjugal life with his wife and maintains her with dignity and honour as his lawful wife - High Court should have considered the prayer of appellant for pre-arrest bail entirely on its own merit instead of imposing a condition which is not traceable to S.438(2)..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - Order passed by trial Magistrate - Appeal thereagainst - Such an order can be assailed in the manner as provided under Code of Criminal Procedure or Family Court Act, as the case may be, and not in the manner as provided under D.V. Act...........
Criminal Procedure Code, 1973, Section 82, 105 -- Proclaimed offender - Petitioner was at Canada at the time when non-bailable warrants and even proclamation was issued against him which were received back unserved - No effort was made to effect personal service of petitioner through embassy of India located in concerned Country where petitioner was residing at the..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - Trial Court while granting ex parte interim injunction has not considered the suit in its entirety - It has not even recorded existence of a prima-facie case, balance of convenience or irreparable hardship, three sine qua non for grant of mandatory injunction - No reasoning as has been mandated..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Order passed against dead person is a nullity - Mere fact that counter affidavit was filed by one of legal heirs would not clear the defect of order being passed against a dead person - Without the cause title being amended and legal heirs being brought on record in interlocutory applications at that..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention - Issuance of notice U.O.21.R.37 CPC is mandatory - Straight away order of warrant of arrest cannot be issued...........
Criminal Procedure Code, 1973, Section 482 -- Second quashing petition - Second quashing petition raised on the grounds which were available to accused at the time of adjudication of first quashing petition - Failure of accused to raise a pertinent ground which was tangibly available to them at the time of adjudication of first quashing petition in no circumstance grant a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 387, 427, 452, 504, 506, 143, 147, 149 -- Anticipatory bail - Offence u/ss 323, 387, 427, 452, 504, 506, 143, 147, 149 IPC - Allegations against accused are grave in nature - There was an imminent need for custodial investigation of accused - Apparently, incident recorded in FIR was a..........
Civil Procedure Code, 1908, Order 8, Rule 6C, Commercial Courts Act, 2016, Section 12A -- Counter claim - Rejection of counter claim sought on the ground that pre-institution mediation has not taken place qua counter claim - Both the parties have already meditated and have failed in such mediation - Once pre-institution mediation has happened, when plaintiff wanted to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere existence of a civil dispute between parties would not give rise to a ground for quashing of an order summoning an accused, after taking into consideration the statements of PW1 and PW2 which made out a case for summoning applicant...........
