Criminal and civil proceeding -- Findings of Civil Court are not binding on Criminal Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Court can quash FIR only when un-controverted allegations do not make an offence...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13 -- Words `Children's Court' and `Court of Sessions' in JJ Act and JJ Rules shall be read interchangeably - Primarily jurisdiction vests in the Children's Court - However, in the absence of constitution of such Children's..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101(2), 15 -- Appeal - Order passed u/s 15 of the Act - Appeal can be filed within a period of 30 days - However, appellate Court can entertain the appeal after the expiry of said period, provided sufficient cause is shown...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dominus litis - This principle does not apply when presence of a party before Court may be necessary in order to enable it to effectually and completely adjudicate and settle all the questions involved in the suit...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree against dead person - Executing Court has jurisdiction u/s 47 CPC to take cognizance of undisputed fact that on the date of decree, suit was no more as it stood abated by operation of law...........
Civil Procedure Code, 1908, Section 47 -- Execution - Ex parte decree against dead person - Date on which decree was passed sole defendant was dead - No application was filed for bringing legal heirs of sole defendant - Decree is passed when suit had abated - An abated suit cannot be decreed and therefore same has to be treated as nullity - Executing Court rightly held..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - When the complaint under the Act is dismissed for want of prosecution at the initial stage of issuing summons, then Court concerned has authority to recall the same and bar of S.362 Cr.P.C. will not be applied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - When the complaint under the Act is dismissed for want of prosecution at the initial stage of issuing summons, then Court concerned has authority to recall the same and bar of S.362 Cr.P.C. will not be applied...........
Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction - Plaintiff had ample opportunity to file suit for specific performance but failed to do so - Duty is cast on plaintiff to show and satisfy Court that suit as brought by him is properly constituted and maintainable in law - Courts below rightly held that suit for mandatory injunction is not..........
