Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC should be decided along with main appeal - Order allowing application which was decided prior to deciding of appeal set aside - First appellate Court directed to decide appeal along with application U.O.41.R.27 CPC together on merits...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Foreigners Act, 1946, Section 14 -- Bail - On parity basis - Contraband - Petitioner was arrested on the disclosure statement of co-accused/his brother, however, after his arrest, said co-accused had got recovered 1 kg of heroin from an empty water..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Once plaint or suit in respect of main relief stands barred by time, other ancillary relief claimed therein also falls down...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Once plaint or suit in respect of main relief stands barred by time, other ancillary relief claimed therein also falls down...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Framing of specific issue - There could be several points directly or indirectly connected with main issue that has been framed - In such cases, when larger issue that has been framed is wide enough to cover different points of disputes within it, there is no necessity to frame a specific issue on that aspect...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - There is no necessity to frame an issue, when parties are not at dispute on a particular fact or law - At times, despite pleadings when a specific issue is not framed, but when both parties to lis have let in evidence and rendered their arguments on a point, decision on which is intrinsically connected to main issue,..........
Criminal Procedure Code, 1973, Section 319, 482 -- Summoning of additional accused - Acquittal of main accused - Quashing of proceedings - If main accused are acquitted, no criminal proceedings can be sustained against other co-accused on same set of witnesses as there is no separate witness and on basis of testimony of same witnesses, accused were acquitted by trial Court..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 9 -- Offence u/s 9 of the Act - Appellant has already been granted remission for the main offence u/s 302 IPC - However, following the date of remission, appellant has undergone an additional incarceration of approximately 10 months - It is not case of State that appellant was habitually not reporting to..........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of government - S.17-A of the Act has following main three facets : accused is (a) a public servant; (b) alleged offence is relatable to any recommendation made or decision taken by such public servant; and (c) while acting or purporting or in connection to act in discharge of his official..........
Family Courts Act, 1984, Section 19 -- Appeal - Maintainability - If any order passed by Family Court decides any question between the parties which directly affects the decision in the main case or which finally decides any collateral issue in perpetuity, it would be a judgment or order which is appealable - But if an order, though deciding an issue between the parties..........
