Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate Commissioner - Plea that description of the boundaries of property and location of property in plaint do not match the situation on the ground - Evidence in relation to the situation on the ground, especially in view of rival submissions can only be resolved by way of an Advocate Commissioner..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband on the ground that he commits anal sex with her - She was not agreeable for carnal intercourse against the order of nature which husband wanted to establish with her - Wife was physically incapable to do so because she had injuries - Refusal to have carnal intercourse..........
Criminal Procedure Code, 1973, Section 83 -- Attachment of property belonging to proclaimed offender - Sine qua non for passing such an order would be a finding, may be prima facie, that property for which attachment order is being passed belongs to accused person and without such finding, no order as to attachment of property can be passed...........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property belonging to proclaimed offender - Mere residence of proclaimed person in rented premises, cannot empower concerned authority to seize or attach the rented property, as said property would not belong to proclaimed person...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree against Company - There is no provision in CPC which provides for execution of a money decree against JD Company by effecting arrest and detention of its employee, Director or General Manager...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 306, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Rape - Challan was presented - Total 22 PWs have been cited and culmination of trial will take its own time - Rival contentions as to whether petitioner has been falsely implicated as also the..........
Indian Penal Code, 1860, Section 363, 366A, 346, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping and sexual assault - Victim stated that she left the house of her father on her own accord and joined the company of accused and solemnized marriage with accused on her own volition -..........
Criminal Procedure Code, 1973, Section 319 -- Application u/s 319 Cr.P.C - Can be filed by accused or a co-accused...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - By no stretch of imagination, it can be concluded that petition suffers from inadequacy of pleadings, so as to conclude that a cause of action had not arisen to the election petitioner - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition cannot be dismissed on preliminary issue while deciding an application U.O.7.R.11 CPC on the ground that it lacks in material facts and did not disclose any cause of action...........
