Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties - Moreover, when High Court itself, on more than one occasions in the contempt proceedings, had found that the State was bound to comply with the writ of mandamus issued by it and had also issued notice to Chief..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Order of dismissal of a suit will be a decree, provided conditions in S.2(2) CPC are satisfied...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Relief u/s 125 CrPC can be granted to wife or child and not to husband...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay of 2868 days in filing second appeal - No satisfactory or reasonable explanation constituting sufficient cause given for condoning inordinate delay - Only plea taken by applicant is that he was requesting his brother for amicable settlement - However, when litigation..........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of Act of 1986 - Quashing of FIR - Allegation that appellants being member of gang led by A-1 were involved in three criminal cases - However, said criminal cases do not appear to fall within the net of violence or threat..........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Appointment - Objection - It is not necessary for accused to show actual prejudice but a likelihood of conflict of interest would in itself be enough to preclude an advocate from appearing for opposite party since an advocate is required to maintain highest traditions of bar...........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Appointment - Objection - Apprehension of petitioner as to likelihood of bias or conflict of interest on part of counsel, who has been appointed as a Special Public Prosecutor to conduct the case on behalf of State prosecution in connection with earlier case is misplaced - Not only are victim and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of deciding application U.O.7.R.11 CPC, inquiry is necessarily confined to determining whether dispute discloses a cause of action and whether statements made therein are barred by any law...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Witness - Same witness for both the parties - Witness scribed two Wills, one in favour of plaintiff and other in favour of defendant - Scribe can be examined independently by plaintiff and defendant...........
Civil Procedure Code, 1908, Order 6, Rule 17, Family Courts Act, 1984, Section 7, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Amendment of petition filed u/s 7 of Family Courts Act - To incorporate reliefs u/ss 18 to 22 of PWDV Act - S.26 of PWDV Act empowers Civil Court, family Court or a Criminal Court to grant reliefs u/ss 18 to..........
