Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 325, 143, 147, 149, Bombay Police Act, Section 135 -- Appeal against acquittal - Application for leave to appeal - Offence u/ss 323, 325, 143, 147, 149 and S.135 of Bombay Police Act - High Court while rejecting application for leave to appeal has stated that medical evidence did not..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and delay execution proceedings..........
Protection of Women From Domestic Violence Act, 2005, Section 19, 23(2) -- Interim residence order - Quashing of order - Wife not disclosed the order granting maintenance @ Rs.15,000 p.m in her favour u/s 125 Cr.P.C - Said maintenance being regularly paid by husband not denied by wife - More so, residence order in favour of wife passed on the same day of moving application..........
Insolvency and Bankruptcy Code, 2016, Section 43, 434, Companies (Transfer of Pending Proceedings) Rules, 2016, Rule 5 -- Transfer of pending proceedings - Winding up proceedings - All proceedings u/s 20 of Sick Industrial Companies pending before High Court are to continue as such until a party files an application before High Court for transfer of such proceedings - Once..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Conditions must be fulfilled to attract the provision of S.10 CPC, viz. (i) Suit must be between the parties; (ii) Matter in issue in the later suit must be directly and substantially the same as in the previous suit; (iii) On the date of application, both the suits must be pending; (iv) Parties must be..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Non-production of charge sheet within 180 days of statutory period - Public prosecutor not filed any application for extension of period of investigation - There could not be any reason for Special Judge in not disposing of application..........
Criminal Procedure Code, 1973, Section 482 -- FIR can be quashed even when discharge application is pending with trial Court...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13B -- Marriage dispute - Petition for transfer from Mumbai to Delhi - Compromise - Parties to file a formal application u/s 13-B of Hindu Marriage Act before Supreme Court on realisation of amount of five crores as agreed between parties - Marriage petition pending in Court at Mumbai shall stand..........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58 -- Facts admitted need not to be proved - Suit for partition - Defendant No.1 admitted the claim of the plaintiff, however, case remained pending for consideration - Court granted time to parties to enter into compromise but no settlement could be arrived - Thus, plaintiff filed an application to..........
Civil Procedure Code, 1908, Order 32, Rule 2 -- Property of minor - Suit filed by next friend - Non-impleadment of minor children - Petitioner who is major, himself claiming A-Schedule property in suit - Merely because in suit petitioner also sought relief for B-Schedule Property, which he claims to be belonging to his minor children, Court below could not have directed..........
