Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) -- Anticipatory bail - Offence u/ss 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) BNS - Brutal attack on an Advocate for drafting a complaint - Petitioners are political leaders -..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures on cheque - Cheques in question were not issued by petitioner - Question of sending cheques for comparison cannot be allowed, as same belong to third party - Application rightly dismissed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 173(4) -- Registration of FIR - Medical negligence - Contents of application moved u/s 173(4) BNSS does not make out a case of criminal rashness or negligence on part of respondent - Relevant inquiry was already conducted - Daughter of petitioner was admitted in a critical condition in Emergency Ward and was attended by two..........
Civil Procedure Code, 1908, Section 64, 47, 151, Order 21, Rule 58 -- Execution - Auction sale - Objections - Appellant purchased the property from JD having knowledge about its attachment in suit itself - Attachment thus, effected much prior to sale deed obtained by appellant - Attachment prevail over sale deed - Sale deed is void...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of ownership - Petitioner sought his impleadment on the ground that defendant no.1 has executed agreement to sell in his favour - He is not in possession of property - Plaintiffs are not seeking any right against petitioner - Petitioner is neither necessary nor proper party in the..........
Criminal Procedure Code, 1973, Section 482, 319 -- Quashing of order - Order of summoning of additional accused - Application u/s 482 Cr.P.C. is not an interlocutory application and supplementary affidavit filed in the case should have been confined to facts within personal knowledge of deponents of respective affidavits as per R.12 of Allahabad High Court Rules ...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is ample evidence for recording more than a prima facie satisfaction regarding involvement of applicant in commission of offence - Nothing more is required to be done by trial Court while deciding an application for summoning an accused person u/s 319 Cr.P.C - Application rightly allowed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Grant of 12,000/- p.m. which was later enhanced to Rs.33,000/- p.m. payable from the date of filing of application - In appeal the amount was enhanced to Rs.1,00,000 per month - Plea that wife is capable of earning - While capacity to earn may be a relevant factor, it..........
General power of attorney -- Execution of sale deed by general power of attorney holder - Sale deed names the principals as executants and not power of attorney holder who allegedly represented them and signed the sale deeds on their behalf - Court does not agree with the view held in Rajni Tandon vs. Dulal Ranjan Ghosh Dastidar and another, 2009(3) Apex Court Judgments..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Plea of res judicata cannot be decided merely on assertions made in the application seeking rejection of plaint...........
