Civil Procedure Code, 1908, Section 24(2) -- Transfer of suit - Following factors have to be taken into consideration while transferring a case : (a) Balance of convenience or inconvenience to plaintiff or defendant or witnesses; (b) convenience or inconvenience of particular place of trial having regard to the nature of evidence on points involved in suit; (c) issues..........
Indian Penal Code, 1860, Section 498A -- Preventing the misuse of offence u/s 498-A IPC - Directions issued : (i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in..........
Karnataka Stamp Act, 1957, Section 33(2) -- Examination and impounding of instrument - Power of delegation - S.33(2) proviso (b) of the Act empowers the High Court to only examine the instrument for the purpose of determining as to whether instrument is duly stamped or not and for impounding the same - However, said section does not empower High Court to direct officer..........
Criminal Procedure Code, 1973, Section 228(1)(b), 464 -- Omission to frame written charge - S.464 Cr.P.C. naturally comes after S.228(1)(b) Cr.P.C. therefore, S.464 Cr.P.C. is a curative section and the defect that trial Court did not frame in writing a charge against accused can safely be cured...........
Indian Penal Code, 1860, Section 306, 304B -- Abetment of suicide - Dowry death - Deceased committed suicide by pouring kerosene oil on herself and set herself on fire within 4 years of her marriage - She was repeatedly assaulted by accused/husband - Complaint made by deceased to women cell shows that deceased made every attempt to salvage her marriage and herself -..........
Criminal Procedure Code, 1973, Section 145 -- Finding u/s 145 Cr.P.C. do not bind the competent court in a legal proceedings initiated before it - The decision has relevance in evidence to show that : (a) that there was a dispute relating to a particular property; (b) that the dispute was between the parties; (c) that such dispute led to the passing of a preliminary order..........
Land Acquisition Act, 1894, Section 18(2)(b) -- Reference to court - Limitation - Six weeks period as contemplated u/s 18(2)(b) of Act must necessarily be computed from the date of receipt of notice from Collector u/s 12(2) as provided in said section...........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Statement pertaining to electronic record - Permissible on satisfaction of conditions viz. - (a) There must be a certificate which identifies the electronic record containing the statement; (b) The certificate must describe the manner in which the electronic record was produced; (c) The certificate must furnish the..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Photostat copy - Law as to - Analysed - (a) Photostat copy of a document can be allowed to be produced only in absence of original document; (b) When a party seeks to produce Photostat copy it has to lay the foundational facts by proving that original document existed and is lost or is in possession of opposite..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy - Principles governing are : (a) Photostat copy of a document can be allowed to be produced only in absence of original document; (b) When a party seeks to produce Photostat copy it has to lay the foundational facts by proving that original document existed and is lost or is in possession of opposite..........
