Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- - Cancellation of bail - Kidnapping and rape - Cancellation of bail sought on the ground that accused was declared proclaimed..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - To be construed in a liberal manner and in the absence of anything showing malafide or deliberate delay as dilatory tactics, Court should normally condone delay...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation- Question as to whether deceased died as a result of vehicular accident, cannot be gone into in appeal, particularly when both the Courts below have premised their orders on foundation that death of deceased was definitely as a result of an accident as projected - However, High Court scaled down the amount..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for mandatory injunction directing defendants to pay damages/compensation on account of loss of reputation and malicious prosecution - Tentative valuation is given by plaintiff in the plaint and there is no prayer whatsoever wherein damages have been quantified - Quantification of damages would be determined by..........
Arbitration Act, 1940, Section 21 -- Reference of dispute to Arbitration - Word `agree' in S.21 of the Act refers to consensus ad idem between parties who take a considered decision to forgo their right of adjudication before a Court where suit is pending and mutually agree to have subject matter of suit or part thereof adjudicated and decided by an arbitrator...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition of agricultural land - Parties jointly held 52 odd kanals of land - Stand of plaintiff is that plaint scheduled property consisting of 10 kanal and 14 marla is not agricultural land and therefore outside the scope of S.158(2)(xvii) of Punjab Land Revenue Act - Bar against civil Court to..........
Partial partition -- Maintainability - If land in question is found to be property which can be dealt with by Revenue Court then, it would be bad for partial partition - However, if it is found that plaint scheduled property falls outside the scope of S.4 and S.158(2)(xvii) of Punjab Land Revenue Act then it is not open to urge plea of partial partition...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 148, 149, 427, 120B, Arms Act, 1959, Section 25, 27 -- Bail - Attempt to murder - Petitioner regularly appearing before trial Court, but till date, not even a single PW has been examined - Although petitioner is facing three other cases, but he is on bail in all of them - Sending..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Disputed signatures - Trial Court dismissed the application for expert opinion on the ground that power u/s 73 of the Act can be exercised by Court for comparison of signatures - However, Court is also required to ask person to remain present in Court to put signatures/handwriting for purpose of comparing with words or..........
Court Fees Act, 1870, Section 7(ivA) -- (as applicable in State of UP) - Ad valorem Court fee - Suit for declaration that Will is null and void along with consequential relief of permanent injunction - Will is related to movable and immovable properties of testator - Suit has to be valued only on the face value of such a Will till it was declared void by Court and was to..........
