Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court ought to have examined contentions raised in counter affidavit filed on behalf of plaintiffs and proceeded with affording reasonable opportunity to defendants - Order allowing application U.O.9.R.13 CPC set aside - Matter remanded back to trial Court...........
Bharatiya Nyaya Sanhita, 2023, Section 310(2) -- Dacoity - Primary motive of accused persons was to retrieve specific institutional files/information and not to seek any wrongful gain - This, coupled with subsequent return of all property, a fact affirmed by complainant in his voluntary affidavit submitted before High Court as well as before Supreme Court, convinces that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Bharatiya Nyaya Sanhita, 2023, Section 115(2), 351(2), 351(3), 352, 310(2) -- Quashing of FIR - Compromise - Offence u/ss 115(2), 351(2), 351(3), 352, 310(2) of BNS - All the offences is inseparable and arises from a single transaction - Once High Court exercised its inherent jurisdiction to quash FIR with respect to..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document - Application for production of document neither accompanied by an affidavit nor any worthwhile reasoning has been given as to what prevented State to place said document on record for about 12 years - Trial was protracted on account of such lapses - However, evidence has not yet concluded - Document..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence committed by juvenile u/ss 376 and 506 IPC and S.6 Protection of Children from Sexual Offences Act - Bail granted by Supreme Court and reiterated its direction to the State of Uttar Pradesh, to file an additional affidavit informing Supreme Court as to how..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Civil Procedure Code, 1908, Order 18, Rule 19, Civil Procedure Code, 1908, Order 26, Rule 1 -- Statement of witness - Appointment of Local Commission - Once Court is satisfied from medical record and age of witness that attendance in Court is not possible without risk to health, Court can direct evidence to be recorded through commission - Wrong mentioning of O.10 CPC in..........
Criminal Procedure Code, 1973, Section 273, 278 -- Recording of evidence in presence of accused - Presence of accused or his pleader is required at the time of recording examination in chief of a material PW - Accused or his Pleader has a right to object to a leading or irrelevant question being asked to witness during chief examination - Therefore, if trial Court permits..........
Transfer of Property Act, 1882, Section 54 -- Sale - Receipt of consideration/Affidavit do not confer a valid title upon plaintiff because as per S.54 of the Act it is only through a deed of conveyance that title can be transferred...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant implicated on the basis of confessional statement of co-accused - He joined the investigation - Merely because nothing incriminating could be discovered would not mean that there is non co-operation on the part of accused - Otherwise also, in the Counter Affidavit, it is not stated that..........
