Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - When suit is presented before competent civil Court after rejection of plaint and competent civil Court has initiated efforts for mediation and those have failed, after such failure realising the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.64), Protection of Children from Sexual Offences Act, 2012, S.4, Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Ss.3(2)(v), 18 - Anticipatory Bail - Rape - Applicability of S.18 SC/ST Act - Neither FIR nor initial..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.64), Protection of Children from Sexual Offences Act, 2012, S.4, Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(v) - Anticipatory bail - Rape - Investigation of case stands completed and accused joined..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), 3(5), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Cancellation of bail - Kidnapping and rape - Session Court granted bail - Even though concurrent powers vested in High Court along with Special Court or Sessions Court to grant or cancel..........
Criminal Procedure Code, 1973, Section 397, 401, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Discharge - Dismissal of application - Revision against - Order passed in discharge petition is not an interlocutory order and it is an intermediate order - Revision against..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7, 12 -- Stay of conviction - Corruption case - Courts should refrain from staying conviction of public servants who have been convicted on charges of corruption in view of K.C Sareen case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Objection that suit is barred by S.41 of Specific Relief Act can very well be considered by trial Court at an appropriate stage - Application rightly rejected...........
Indian Penal Code, 1860, Section 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 9(e), 9(l), 10, 41 -- Sexual assault - Medical examination was conducted by petitioner in the presence of mother of victim on the first occasion and in the presence of elder sister of victim on the second occasion - It is too hard to believe that petitioner would..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act and words of the accused, however, insulting or humiliating the deceased by stating that why should she live, as she was leading an immoral life, will not by itself constitute abetment to suicide...........
