Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Informant/victim was not notified about bail application - There is factually a denial of right to victim to participate in proceedings which is recognized u/s 483(2) BNSS - Order granting bail suspended for three weeks - Opposite party no.2 is directed to surrender before trial Court and..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court lacking jurisdiction - Trial Court dismissed the suit - Impugned order set aside - Trial Court directed to return the plaint for presentation before Court of competent jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where party is denied an opportunity to adduce material evidence in support of its claim, order returning claim petition with an office objection, is liable to be set aside - Matter remitted to executing Court for fresh consideration of claim petition after affording both parties a fair and..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - When claim petition was presented, trial Court returned the same with an office objection - Instead of representing the petition and invite an order from executing Court, petitioner hastened..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - Litigant who files a petition before executing Court and upon being returned with observations regarding its maintainability, cannot directly invoke jurisdiction of Court u/art 227 of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Functional disability - Admittedly claimant was running business and he has already been fitted with a prosthetic limb to ensure his mobility - Order of High Court holding disability to be 50% for purpose of computing loss of income as relatable to loss of earning capacity is correct and within the parameters to be..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of claimant - Registration of firm of claimant took place in 2006 and income tax returns produced are also for assessment years 2005-2006 and 2006-2007 relatable to financial years 2004-2005 and 2005-2006 which are prior to accident which occurred in 2007 - It cannot be said that claimant..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Application filed after four years of filing FIR - Fact that petitioner was not arrested for four years by itself was a good ground for High Court to exercise its discretion and order grant of anticipatory bail - While considering plea for anticipatory bail why should High Court ask a question to..........
Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - So long cognizance of offence is not taken, a writ or order to quash FIR/charge sheet could be issued u/art 226 of Constitution - However, once a judicial order of taking cognizance intervenes, power u/art 226 of Constitution though not available to..........
Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Mere disobedience of order promulgated by a public servant is not sufficient to attract provision of S.188 IPC...........
