Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - S.52 of Transfer of Property Act, does not operate as bar to grant of temporary injunction U.O.39.Rr.1, 2 CPC in discretion of trial Court, on fulfillment of pre-conditions for grant of temporary injunction...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 420, 465, 466, 467, 468, 471, 477A, 120B -- Anticipatory bail - Recovery of marriage registration certificate - Such certificate can be obtained from the Registrar - Recovery or non recovery of the original marriage certificate not a ground to deny concession of bail - Ad interim pre arrest..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 147, 148, 452, 504, 506, 34 -- Bail - Murder - Accused was attacked with deadly weapons such as swords and knives - Offences alleged against accused are of grave and heinous nature inasmuch as there was death of complainant's son and serious injuries caused to her son and another..........
Preventive Detention -- Non consideration of representation for two months - Vague explanation of being pre-engaged with other official work - However, no details of official work furnished, much less to indicate that it was relatively so urgent that obligation to decide the representation with promptitude could wait for two months - Competent Authority is duty bound to..........
Pre-emption -- Right of pre-emption taken away by Bihar Act therefore, right of pre-emption will stand abated on and after 25.2.2019 including proceedings which were pending before any forum - It is thus, open to respondents to withdraw 10% of pre-emption amount deposited by them...........
Indian Penal Code, 1860, Section 304B -- Pre requisite to convict an accused u/s 304-B IPC - (i) that the death of a woman must have been caused by burns or bodily injury or occurred otherwise than under normal circumstance; (ii) that such a death must have occurred within a period of seven years of her marriage; (iii) that the woman must have been subjected to cruelty or..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - It is clear from evidence on record that there was a dispute with regard to pathway - Incident occurred in a sudden quarrel on the day of occurrence without any pre-mediation or preplanned manner - Accused filed a civil suit and obtained injunction orders and inspite of the same, for violation..........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - `Sameness of interest' is pre-requisite for an application U.O.1.R.8 CPC r/w S.35(1)(c) of Consumer Protection Act, 2019 - It is necessary for respondents to include in consumer complaint sufficient averments that would show sameness of interest...........
Family settlement -- Parties having pre-existing right - Settlement does not require registration. (Registration Act, 1908, S.17)..........
Consumer Protection Act, 1986, Section 23 -- Mediclaim insurance policy - Duty to disclose material facts by insured - Insured suffering from diabetes mellitus-II and it was disclosed in the proposal form - Insured suffered myocardial infraction - Cannot be said to be a direct offshoot of huyperlipidaemia and diabetes mellitus so as to be labelled as a pre-existing disease..........
