Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband does not wish to oppose transfer application - Nothing in provision S.24 CPC prohibits Court from ordering transfer where both parties agree or where opposite party raises no objection - Application allowed with directions...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Where nature of complaint primarily found to be of vexatious and frivolous, Courts owes a duty to look into other evidences collected and did not have to be confined within content of written complaint - That apart, there must be close scrutiny of written complaint and it must be read between lines in..........
Indian Penal Code, 1860, Section 498A, 307, 323, 313, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Attempt to murder - Dowry demand - Complaint is absolutely silent about any specific date or time of torture - No iota of material can be found regarding incident of pouring kerosene oil on her and or banging her head with wall from case diary - Nature of..........
Bharatiya Sakshya Adhiniyam, 2023, Section 142(3), Civil Procedure Code, 1908, Section 151 -- Eviction petition - Re-examination of landlord - Opportunity sought to give an explanation to a question put in cross examination - If explanation comes on record, it will not prejudice tenant but it will subserve the ends of justice and will also help Rent Controller in disposing..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiff failed to establish his possession over suit property as on the date of filing of application for interim injunction - Prayer of plaintiff for ad interim injunction against defendants can only be founded on prima facie case, balance of convenience and irreparable injury which in turn would..........
Criminal Procedure Code, 1973, Section 167 -- Police remand - Investigating agency neither sought supplementary investigation nor requested police custody of respondents - Public Prosecutor without such a request had no independent authority to seek police remand u/s 167 Cr.P.C...........
Criminal Procedure Code, 1973, Section 167 -- Police remand - Once charge sheet was filed against all accused, it implied that no further custodial interrogation was considered necessary, rendering impugned order of dismissing application for granting police remand for further investigation being perfectly in consonance with law...........
Indian Penal Code, 1860, Section 366A, 376(2), 354A(1)(i)(2), (D), Protection of Children from Sexual Offences Act, 2012, Section 4, 7, 8, 11(iii), 12 -- Kidnapping and rape - Victim admits that she is aged about 18 years - She has not stated anything about subjecting her for forcible sexual act and evidence of father of victim is nothing but hearsay - There is no medical..........
Criminal Procedure Code, 1973, Section 323, 325 -- Committal of case to Sessions Court - Magistrate himself being Chief Judicial Magistrate and therefore while committing case to Court of Sessions, he should have formed an opinion on basis of evidence recorded before him and submit his proceedings along with opinion to Court of Sessions...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court while deciding an application U.O.39.Rr.1, 2 CPC, may take into account revenue records and or material of criminal proceedings only for limited purpose of forming a prima facie view, without allowing such material to influence or prejudge final adjudication of civil rights, which must await a..........
