Criminal Procedure Code, 1973, Section 439 -- Bail - Appreciation of materials on record for the purpose of forming a definite opinion with respect to question as to whether an accused person had played roles or not, in the crime concerned, is not permissible while considering an application for grant of bail...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Existence of prima facie right and infraction of enjoyment of right is a condition for grant of temporary injunction...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Although irretrievable breakdown of marriage is not a statutory ground for divorce under the Act, however, Supreme Court has, in appropriate cases, invoked its powers u/art 142 of Constitution to grant relief where marriage is beyond repair...........
Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 483 -- Bail - Constitutional Courts can lay down the principles governing the grant of bail or anticipatory bail - However, Constitutional Courts cannot interfere with the discretion of Trial Courts by laying down the form in which an order should be passed while deciding bail..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Court can grant bail only on the grounds of long incarceration - However, presence of antecedents may not be relevant in such a case...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Transfer of complaint - Cheque was presented at Bank located at place `R' and same was dishonoured for want of funds - Complaint filed before Court at place `R' - Therefore, no case is made out for transfer of complaint u/s 138 of the Act - Petitioner can always apply for grant of exemption for..........
Live-in-relationship -- Protection to life and liberty - Merely because two persons are living together for few days, their claim of live-in-relationship based upon bald averments may not be enough to hold that they are truly in live-in-relationship and directing police to grant protection to them may indirectly give assent to such illicit relationship - Protection orders..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether Court is having the power or not to grant the reliefs as prayed for in the suit is a matter of trial and it cannot be decided in an application filed U.O.7.R.11 CPC for rejection of plaint...........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - In a suit for declaration of title burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, set up by defendant would not be a ground to grant relief of declaration of title to..........
Probation of Offenders Act, 1958, Section 4, 12 -- Benefit of probation - Removal of disqualification attached to conviction - When benefit of S.4 of the Act is granted to appellant and other co-accused persons, grant of benefit of S.12 is consequential...........
