Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - If the facts are such that a charge could be framed and yet it is not framed, but no failure of justice has in fact, been occasioned, thereby, the finding, sentence or order of Court of competent jurisdiction is not to be set aside on that ground...........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Cancellation of auction sale is purely unilateral in nature without any notice or opportunity of hearing to respondents - Said cancellation as such is per se in violation of the principles of natural justice and is illegal...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Offence u/s 75 of the Act - Petitioner does not have actual charge or control over the child - Therefore, offence punishable u/s 75 of JJ Act would not attract as against petitioner, though the same would attract against the other accused, who being the mother of victim, has actual charge or..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Defendants have been debarred from filing written statement just after 98 days of service of summons, though they had appeared and filed an application, praying for time to file written statement - Since statutory period prescribed U.O.8.R.1 CPC is directory in nature, interest of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay caused primarily due to the fact that movement of file after judgment was indeed slow, in normal circumstances would not be a ground for condonation of delay - However, in the interest of justice, delay of 292 days condoned and appeal posted for consideration...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Directions issued; (i) Husband is entitled to raise the plea of adultery committed by wife in proceedings pertaining to adjudication of interim maintenance and expense of proceedings so as to plead that such prayer by wife be dismissed; (ii) Since the proceedings undertaken u/s 125 of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Offence u/s 23 of the Act - A willful act from parents is necessary to attract S.23 of the Act - Parents should willfully neglect juvenile or cause or procure him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or child unnecessary mental or physical..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Offence u/s 23 of the Act - If any willful acts done by parents by taking the child for protest, satyagraha, dharna etc, stringent action should be taken by law enforcing authorities...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Application for claim of juvenility can be made even after judgment and order of conviction has been granted against a person which has attained finality...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Accused was below 18 years of age as on date of incident - Although application for claim of juvenility has been filed subsequent to conviction order, but said application is maintainable - Conviction and sentence set aside - Accused acquitted...........
