Guardians and Wards Act, 1890, Section 25, Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Section 141, Order 9, Rule 13 -- Exparte decree passed under section 25 Guardians and Wards Act giving custody of child to father - Application for setting aside exparte decree - Dismissal of application by holding that as order passed under S.25 Guardians and Wards..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 463, 107 -- Quashing of complaint - Complaint under Ss.406, 420, 463 r/w Section 107 IPC - Case of complainant that accused having good marketable title, a registered sale deed was entered - Merely because petitioners closely related to accused, cannot be said that allegations made..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Scope - Vexed questions of fact and law cannot be adjudicated upon under Section 482 Cr.P.C. and the said exercise is alien to the scope of the said provision...........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - Matter directly and substantially in issue - Previous suit for injunction - No issue regarding execution of agreement - No finding qua the execution of agreement and earnest money - Subsequent suit for recovery or alternative specific performance of agreement - Issues in both suits enterely different - Previous suit..........
Civil Procedure Code, 1908, Order 26, Rule 4, Civil Procedure Code, 1908, Section , Order 16, Rule 9 -- Examination of witness on commission - Application for withdrawal of suit - Suit dismissed as withdrawn - Application under Section 114 and O 47 R 1 for review of order - Issues framed - Application for issuance of commission to examine Advocate - Declined by Trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition - Petition filed U/s 166 of the Motor Vehicle Act, 1988 - Amendment sought to convert the claim petition u/s 163-A of the Act. Held - Provisions of Section 163A of the Act are in the nature of a social security - Provides a distinct scheme of compensation to claimant/deceased having annual income..........
Criminal Procedure Code, 1973, Section 174 -- Scope - Investigation u/s 174 Cr.P.C. is limited in scope and is confined to the ascertainment of the apparent cause of death - It is concerned with discovering whether in a given case the death was accidental, suicidal or homicidal or caused by animal and in what manner or by what weapon or instrument the injuries on the body..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 294, 323, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Anticipatory bail - Apprehension of arrest - Complainant, a young boy of 15 years had some quarrel with son of applicant No.1 - Applicants entered into house of complainant and..........
Land Acquisition Act, 1894, Section 30, Civil Procedure Code, 1908, Section 9 -- Apportionment of compensation between owner and tenant - Reference of dispute - Jurisdiction of Civil Courts - Civil Courts have jurisdiction to try all suits of Civil nature except suits of which cognizance is either expressly or impliedly barred - Under Section 30 special remedy is provided..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decision about marital status of a person by a criminal Court in a proceeding under Section 498-A of the Code does not have any bearing on a proceeding under Section 125 of the Code...........
