Constitution of India, 1950, Article 226 -- Letters patent appeal - Letters patent appeal as permitted under Letters Patent is normally an intra-court appeal whereunder Letters Patent Bench, sitting as a "Court of Correction", corrects its own orders in exercise of same jurisdiction as was vested in Single Bench...........
Constitution of India, 1950, Article 226 -- Writ appeal - Locus standi - Person aggrieved having locus standi to prefer an appeal would be one who is directly affected or impacted by a judgment, order or decision even though same does not directly require him to do something or one who being a party to a suit, is adversely affected by decree - To file an appeal such a..........
Constitution of India, 1950, Article 226 -- Writ appeal - Conditions that need to be satisfied before a person is entitled to maintain an appeal are: (i) that appealing party has been a party in proceedings from which appeal has arisen; (ii) that definitive and conclusive ruling of High Court on rights of parties in dispute is the subject of appeal; and (iii) that he is a..........
Civil Procedure Code, 1908, Section 152 -- Amendment/correction of decree - When error in decree was being pointed out and even if trial Court came to conclusion that application is wrongly captioned but if objection was there and there was error in decree, then trial Court was under obligation to correct error in decree before it being finally signed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Marriage between accused and defacto complainant was annulled by a competent Court - There was thus, no valid marriage between parties - Offence u/s 498-A IPC will not lie against petitioners - Proceedings qua petitioner quashed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Testimony of victim - Where a minor has herself come forward and consistently disclosed abuse, Court is duty bound to accord due weight to her version while..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Suppressing by wife of her employment - Not coming to Court with clean hands - Dismissal of petition calls for no interference...........
Clean hands -- When a person approaches Court, he should approach Court not only with clean hands but also with clean mind, clean heart and clean objective...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering plea of discharge, duty of Court is to verify prosecution records to see whether prima facie offence is made out or at least a strong suspicion to frame charge, though a mere suspicion would not suffice the requirement...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Non-substitution of LRs - Before declaring a suit or proceeding to have abated on ground of non-substitution of heirs/LRs of a deceased party, Court must examine whether interest of deceased party qua subject matter of proceeding is sufficiently represented by other parties already on record - If..........
