Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Mismanagement of trust property by trustees - Averments in plaint disclose that proceeds of trust are being utilized by trustees for their personal use which is prohibited in trust deed - Temple is in a dilapidated condition and proceeds of property are not utilized for repair of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Bail - Recovery of cocaine, ganja, charas and supporting materials - Quantity of ganja and charas seized is small quantity whereas, quantity of cocaine seized is intermediate quantity - Rigors of S.37 of NDPS Act thus, not attracted - Traces of cocaine is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Four conditions must be satisfied for applicability of doctrine of res judicata between co-defendants : (i) There must be conflict of interest between defendants concerned; (ii) it must be necessary to decide the conflict in order to give the relief which plaintiff claims; (iii) question between..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(c) -- Default bail - Offence u/s 22 of NDPS Act - Application seeking extension of time for completing investigation is filed by prosecution - However, said application on basis of report prepared by I.O cannot be considered as compliance of requirement..........
Rent and eviction -- Building in a dilapidated and dangerous condition - Landlord offered proposal to provide area equivalent to the area now under occupation of tenant on ownership basis free of charges - In the interregnum, landlord shall provide monthly rent @ Rs.18/- per sq. mtr. now in occupation of tenant from the date of vacating till the date of completion..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, 10 -- Rejection of plaint - Jurisdiction - Bank employee - Termination of service - Suit for damages, declaration, recovery of salary and arrears and that services were terminated illegally and arbitrarily without compliance of terms and conditions of employment - Suit filed at the place where plaintiff was working..........
Criminal Procedure Code, 1973, Section 111 -- Preliminary order u/s 111 Cr.P.C - Without giving reasonable opportunity to petitioner - Petitioner is a History Sheeted Rowdy and he breached the conditions and committed the offence u/ss 204(b), 323, 341, 506(2) IPC - Even, after executing bond, petitioner involved in another criminal case - Magistrate after conducting..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape - Investigation of case is complete and challan stands presented - Custody of accused is not at all required by police - Statement of prosecutrix has been recorded by trial Court - Accused is neither in a position..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........
Protection to life and liberty -- Live-in-relationship - Merely because two adults are living together for few days, their claim of live-in-relationship based upon bald averment may not be enough to hold that they are truly in live-in-relationship - To attach legitimate sanctity to such a relation certain conditions are required to be fulfilled by such partners...........
