Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - Court cannot take cognizance after expiry of limitation period...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - In a petition where quashing of FIR is prayed for, High Court should not have passed an order directing I.O. to comply with S.41-A Cr.P.C. because it indirectly amounts to granting a relief which High Court could have considered only if a prima facie case for quashing of FIR is made out...........
Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Adjudication of lis under the Act by Family Court without first framing and deciding foundational issue relating to statutory applicability renders the entire exercise jurisdictionally infirm warranting appellate interference...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If ex-parte decree is passed on the basis of `refusal of notice' trial Court is duty bound to examine process server...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - In order to accept service as valid service particularly, when report is to the effect that respondent refused to accept summons then, it become duty of Court to examine Process Serving Officer if his report is not on affidavit - Even if Process Serving Officer gives his report on affidavit,..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Special leave to appeal - Requirement of special leave acts as a statutory filter, ensuring that only those acquittals which reveal gross miscarriage of justice, illegality or perversity are liable to be reopened, thereby making S.378(4) Cr.P.C. exceptional - Right to appeal, is therefore,..........
Constitution of India, 1950, Article 226(3) -- Interim order of status quo - Application to vacate - Provision of Art.226(3) mandates that High Court to dispose of the same within a period of two weeks...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Eviction suit - Delay in question cannot be held to be fatal or prolonged - There was a slight delay, which has been satisfactorily explained by plaintiffs - Important questions of law and facts are involved in the suit and..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Ex parte decree passed in second appeal - No document to show that applicants were aware about listing of case - Even Court had not issued any SPC to respondents in view of absence of their counsel - Applicants have shown sufficient cause that prevented them from appearing before Court in second appeal..........
