Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Wrong address of defendants given by plaintiff - Report of process server recorded that defendants already left the said address - Plaintiff on 5 consecutive hearings, did not give the correct address nor filed any registered AD - Alleged service of defendants on the same address by means of..........
Criminal Procedure Code, 1973, Section 24, Protection of Children from Sexual Offences Act, 2012, Section 34, 44, Protection of Children from Sexual Offences Rules, 2012, Rule 6, Constitution of India, 1950, Article 304, Kerala Govt. Law Officer (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978, Rule 14 - - Special Public Prosecutor - Appointment..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Suit for declaration that information/communication ban is illegal and malafide with connected reliefs of damages and loss of reputation - Plaintiff failed to give any cogent reasons as to why senior officers of defendant are being summoned except stating that they are necessary to prove the case of..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Bail - Illegal gratification - Accused being officers of Central Exercise intelligence demanded Rs.10 lakhs from complainant with regard to service tax evasion - Transcript of recorded telephonic conversation brought on record..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that ex parte decree obtained by defendant against father of plaintiffs was illegal, null and void and not binding upon plaintiffs - No evidence on record that decree in question was obtained by playing fraud upon Court - Neither father of plaintiffs nor plaintiffs filed any application for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem court fee - Suit for declaration - In a suit for declaration that civil court decree is illegal and is not binding upon rights of plaintiff, cloud on title is sought to be removed by way of declaration - Plaintiff not claiming possession - Plaint not liable to be rejected on..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Writ petition - Earlier writ petition highlighted instances of illegal excavations and violations of Forest Conservation Act - However, none of said matters appeared in subsequent writ petition, as instances highlighted in subsequent writ petition are completely independent of those projected in earlier petition and..........
Criminal Procedure Code, 1973, Section 197, 482, Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - Offence by public servant - Received Illegal gratification from co-accused - Quashing of proceedings - Receiving of illegal gratification is no way connected with discharging of official..........
Criminal Procedure Code, 1973, Section 164 -- Statement of witness - Admissibility in evidence - Witness remained in illegal custody till statement recorded by Forest Department and Magistrate - Witness did not come back to record statement - Statement of witness recorded in custody is always doubtful...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Illegal or unauthorised detention by police officials - Said detention cannot be taken to have been made by accused while acting or purporting to act in the discharge of their official duties - Sanction for prosecution is not required...........
