Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition and petition for custody of child - Both the parties have filed rival guardianship petitions which are still pending and they are being pursued by parties - Mere fact that FIR has been got registered by husband against brother of wife, solely taking place of such single incident, does not ipso facto..........
Constitution of India, 1950, Article 14, Advocates Act, 1961, Section 16, Supreme Court Rules, 2013, Order 4, Rule 2 -- Classification of Advocates - Designation - Designation as a Senior Advocate cannot remain the monopoly of the Advocates practicing in High Courts and this Court - If the designations are conferred only to the Advocates practicing in High Courts and this..........
Practice and Procedure -- Summoning of lower Court records by High Court - Directions issued : (i) Henceforth original record shall not be summoned by office, unless otherwise specifically directed by High Court in a particular case and only photostat/scanned copy of the same shall be summoned; (ii) Whenever, in the past, original record has been summoned by High Court,..........
Judicial service -- Promotion - Appellants have successfully qualified the suitability test - Merely on the account of lower placement in the merit list, appellants could not have been deprived of their legitimate right of promotion - Appellants are entitled for notional promotion from the same date the other officers from the select list prepared by High Court have been..........
Adverse remarks -- Expunging of - High Court while granting bail made adverse observations against appellant a District and Sessions Judge, as appellant while dismissing bail application of accused did not incorporate details of antecedents of accused in prescribed tabular form as per directions of Para 9 of Jugal Kishore case - However, decision of said case cannot be..........
Constitution of India, 1950, Article 136, 227, Criminal Procedure Code, 1973, Section 482 -- Adverse remarks - Expunging of - Adverse remarks recorded by High Court against Additional District and Sessions Judge - Personal criticism of judges or recording findings on the conduct of Judges in judgments must be avoided - High Court could not have used a judgment on the..........
Criminal Procedure Code, 1973, Section 357A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 396 -- Victim compensation - Case concerning bodily injuries such as sexual assault etc. - Directions issued: (i) Sessions Court, which adjudicates a case concerning bodily injuries such as sexual assault etc. particularly on minor children and women shall order for victim..........
Civil Procedure Code, 1908, Section 92, Religious Endowments Act, 1863, Section 2 -- Suit u/s 92 CPC and S.2 of 1983 Act in the State of UP Can only be filed in the Court of Principal Civil Court of original jurisdiction i.e the Court of District Judge and not in any other Court - District Judge can decide the suit himself or he may transfer it to an Additional District..........
Prohibition of Child Marriage Act, 2006, Section 3 -- Child marriage - District Court is a competent Court under the Act to declare the marriage voidable in a petition filed for annulling the child marriage by decree of nullity...........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance proceedings - In an area where Family Court is not established, a suit or proceedings for maintenance including proceedings u/s 20 of the Act shall only be before the District Court or any subordinate Civil Court...........
