Civil Procedure Code, 1908, Order 9, Civil Procedure Code, 1908, Order 17 -- Dismissal of suit for non production of plaintiff when suit was at the stage of plaintiff's evidence - Evidence of plaint as well as defendant closed and suit dismissed on the same day despite the fact that burden to prove issues No.1 to 5 was on the defendants - Even without hearing counsel for..........
Criminal Procedure Code, 1973, Section 397(1), 401 -- Revision - Proceedings under Protection of Women from Domestic Violence Act, 2005 - There is no specific provision relating to preferring a revision petition in High Court against order of Appellate Court in proceedings under 2005 Act - But where there is grave miscarriage of justice or abuse of process of Court or..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2), Prisons Act, 1894, Section 48A, 59 -- Double jeopardy - In the instant case, remission of prisoner was cut and he was removed from post of convict overseer and he was made overstay of furlough leave - Said act does not amount to double jeopardy as condition precedent for applying..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Manipur (Village Authorities in Hill Areas) Act, 1956, S.3(2), Business of Govt. of Manipur (Allocation) Rules, 1999, R.2 - Impleadment of party - Bifurcation of amalgamated village - As per the record, villagers were never parties before the authority who has passed the impugned order and respondent No.4 being the headman of..........
Criminal Procedure Code, 1973, Section 245(2), Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Discharge - Charge framed and case fixed for evidence - At the stage of framing of charge, Court is only to see as to whether prima facie case is made out or not and not to consider whether evidence produced on record will lead to conviction or..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife left the house of her husband on being harassed and tortured for demand of dowry - Even evidence on record shows that husband did suspect on the conduct and character of wife - It would also amount to cruelty - More so, wife trying to get maintenance since 2005 but not even a single penny in lieu of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife left the house of her husband on being harassed and tortured for demand of dowry - Even evidence on record shows that husband did suspect on the conduct and character of wife - It would also amount to cruelty - More so, wife trying to get maintenance since 2005 but not even a single penny in lieu of..........
Civil Procedure Code, 1908, Order 6, Rule 2, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Evidence beyond pleadings - Divorce - Cruelty - Petition by husband - Husband seeking divorce on the ground of cruelty - Issue relating to adultery and evidence on this point as well as finding given by Court below, are all beyond pleadings of parties, which cannot be allowed to..........
Criminal Procedure Code, 1973, Section 468, 472, Indian Penal Code, 1860, Section 406 -- Limitation - Offence u/s 406 IPC is a continuing offence - Law relating to cognizance in the matter is governed by S.472 Cr.P.C, as in case of continuing offence a fresh period of limitation begun to run at every moment of time during which offence continues - Order taking cognizance..........
