Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 504 -- Anticipatory bail - Offence u/ss 498-A, 323, 504 IPC - Appellant released on interim bail and thereafter he had remained present as and when called upon do so by Court - He is co-operating in proceeding further with trial - Interim bail granted to accused made absolute...........
Indian Contract Act, 1872, Section 28 -- Contract - Jurisdiction clause - S.28 of the Act does not bar exclusive jurisdiction clauses - What has been barred is absolute restriction of any party from approaching a legal forum - Right to legal adjudication cannot be taken away from any party through contract but can be relegated to a set of Courts for ease of parties...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because offences under POCSO Act is alleged, there cannot be an absolute proposition of law that proceedings cannot be quashed based on settlement between parties, especially when settlement is genuine and bonafide so as to ultimately result in marriage between accused and the victim...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that counsel did not inform applicant of further proceedings - No absolute rule that a party can disown its Advocate at any time and seek relief - No such absolute immunity can be recognized - Such an absolute rule would make the working of system extremely difficult - Order..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Right of wife to be maintained by husband stems from the corresponding obligation to perform marital duty - However, right of wife to claim maintenance from her husband, who has sufficient means, is not absolute...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Right of wife to claim maintenance from her husband, who has sufficient means is not absolute - It is subject to S.125(4) Cr.P.C (S.144(4) BNSS)...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(b), 27(a), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Contraband - Petitioner was granted interim bail and directed to join investigation - He has joined investigation and he is not required for custodial interrogation - Without commenting on merits of case, interim bail..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 319, 318(4), 336(2), 340, 61(2) -- Anticipatory bail - Cheating - Petitioner has already joined investigation - Though it is mentioned in status report that custodial investigation of petitioner is required for conducting further investigation, however, I.O. not able to explain as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Property was acquired by Hindu female by virtue of Will - Provisions of S.14(1) of Hindu Succession Act shall not apply to any property which is acquired by way of gift or Will - Contention of defendant that Hindu Female become absolute owner of suit property and she is entitled to..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
