Juvenile Justice (Care and Protection of Children) Act, 2015, Section 15 -- Preliminary assessment - JJB held accused as minor - Appreciation of evidence - JJB passed order u/s 15 on basis of reports including social investigation report which clearly indicated accused was overall a minor at time of commission of offence - Further, assessment was done on the basis of..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - S.156 Cr.P.C does not contemplate recording of preliminary statement of a complainant at the time of issuing a direction for registration of an FIR - In fact a direction in terms of S.156(3) Cr.P.C is issued at pre-cognizable stage...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate had taken cognizance of offences by recording preliminary statement of complainant and thereafter directed SSP to hold an enquiry with a view to ascertain truth or falsehood of allegations made in the complaint - Having undertaken recourse to procedure it was not open to..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - It is in the nature of a preliminary decree...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 379 -- (Criminal Procedure Code, 1973, S.340) - Perjury - S.379 BNS does not mandate a preliminary enquiry, unless there is an expediency in the interest of justice in the opinion of Court...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Breach of public peace - Condition precedent for initiating proceeding u/s 145 Cr.P.C is satisfaction of Executive Magistrate regarding apprehension of breach of public peace on account of dispute relating to actual possession of subject property as per report or information received by Executive..........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C - While initiating proceedings u/s 107 Cr.P.C (S.126 BNSS), Magistrate must pass a preliminary order, stating nature of information received and relevant factors which influenced him to form an opinion that concerned person is likely to cause imminent breach of peace, making it essential to take..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Leave granted by Court u/s 92 CPC is only a preliminary stage and is not conclusive, and at any time, opposite party can move Court to revoke leave granted or dismiss suit after adducing evidence - Initial grant of leave will not affect final decision on merits if parties are to adduce..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Decree for specific performance has been described as a preliminary decree - Power u/s 28 of the Act is discretionary and Court cannot ordinarily annul decree once passed by it - Although power to annul decree exists yet S.28 of the Act provides for complete relief to both parties in terms of decree..........
