Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5(8) -- Order passed u/s 5(8) of the Act - Petitioners without availing appropriate remedy before appellate authority u/s 16(3) of Maintenance and Welfare of Senior Citizens Act, approached High Court - Liberty is thus, granted to petitioners to approach District Collector to file an appeal against..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - After addition of charge u/s 394 IPC - When allegation was that witnesses had made certain statements before Police, which was recorded u/s 161 Cr.P.C, it was duty of prosecution to produce all such statements to Court, which was not done - Trial Court was required to call upon Police to..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Murder in broad daylight with the aid of hired assassins on contract - History of tense relations between parties - In view of serious nature of allegations against accused/respondents and gravity of offences alleged, High Court was not justified in passing..........
Criminal Procedure Code, 1973, Section 438 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - High Court granted anticipatory bail to respondent No.2 on the ground of parity with accused `V' - There is no question of parity between accused `V' and respondent No.2 as former was granted regular bail, unlike anticipatory bail as granted to respondent..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Criminal Procedure Code, 1973, Section 216 -- Quashing of order - Order allowing alteration of charges - Charges have been altered only on examination-in-chief of complainant without providing an opportunity to accused to cross-examine the complainant - Impugned order set aside - Matter remanded for fresh..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Informant and injured witnesses stated that petitioners along with others made assault due to which three persons sustained injuries - However, FIR lodged after three months of incident, therefore, there is inordinate delay in lodging FIR - After considering the fact that there is inordinate..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Criminal Procedure Code, 1973, Section 125, 128 -- Ex parte quashing order - High Court by ex parte order quashed the impugned order of issuing warrant of recovery and arrest to recover the arrears of maintenance without giving an opportunity to appellant in whose favour maintenance order was passed - Ex parte quashing..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit compensation amount - Requirement to deposit compensation amount as a condition for appeal is generally mandatory u/s 148 of the Act emphasizing its status as a rule...........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Order passed u/s 340 Cr.P.C - Appeal - If an order u/s 340 Cr.P.C. is passed by a civil Court, revenue Court or criminal Court, appeal would lie on respective side to appellate Court, even though provision for conducting an enquiry and filing a complaint for giving false..........
