Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Legal test for purposes of rejection of plaint and for adjudication of interim relief can be culled out as follows : (i) S.12-A of Commercial Courts Act mandatorily requires pre-institution mediation for commercial suits, non-compliance of which..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - For impleading a person as a party U.O.1.R.10 CPC two conditions must be satisfied: (i) that there must be a right to some relief against such person in respect of controversies involved in proceedings; and (ii) that no effective decree can be passed in the absence of such person...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Ingredients to constitute an offence u/s 306 IPC would stand fulfilled if suicide is committed by deceased due to direct and alarming encouragement/incitement by accused leaving no option but to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of instigation as alleged must be with intention to push deceased into such a situation that she is left with no other option but to commit suicide...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Mere refusal to marry, even if true by itself, would not amount to instigation as explained u/s 107 IPC...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of detenue - Where school record of detenue is impeccable, date of birth entered there has to be accepted by dint of S.94(2)(i) of the Act, there is no authority with Court to rely on medical evidence that comes last in the order of preference as to evidence of age u/s 94(2) of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quality - Recording of finding as mandated in S.37 of the Act is sine qua non for granting bail to accused involved in offences under the Act - Twin conditions provided in the said Section are (i) satisfaction of Court that there are reasonable grounds for believing that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Mere fact there is no independent witness of recovery that by itself cannot be considered as a ground for grant of bail, inasmuch as, evidentiary value of testimonies of police witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Secret information - Petitioners have not been able to demonstrate that they suffered any prejudice on account of not being provided grounds of arrest and therefore merely on the said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Commercial quality - Allegations against petitioners are grave and serious in nature - Petitioners are foreign nationals - However, they do not have any immigration record of foreign..........
