Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), 528 -- Order of cancellation of bail and issuance of arrest warrants - Petitioner after grant of bail was regularly appearing before Court below - However, on one particular date he inadvertently failed to appear on account of his ill health - Trial Court straightaway proceeded to issue non-bailable warrants against..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Before ordering detention of JD for execution of decree Court has to conduct enquiry as mandated U.O.21.R.40 CPC r/w S.51 CPC by recording a finding as to means of JD to satisfy the decree...........
Quasi judicial Order -- Reasoned decision - Recording of reasons is prerequisite in deciding any proceedings by quasi judicial body...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Directing municipal authorities to record name of mother in birth record of their child as a single parent - Child not even been made a party - Very request of mother for recording her name as a single parent in the birth record, undermines the child's interest - Welfare of child is of paramount consideration -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Respondents were named in FIR but they were not named in charge sheet as accused - After recording depositions of PW1 and PW2 which inspired confidence of trial Court, respondents were summoned to face trial u/s 319 Cr.P.C - Credibility of PW1 and PW2 cannot be gone into at this stage, as these..........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Recording of statement of fingerprint and handwriting expert - Order was passed in an application for taking specimen handwriting of defendant no.2, that same would be taken up at the time of evidence of plaintiff - However, evidence of plaintiff had been closed and in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), 75 -- Cancellation of bail and issuance of non bailable warrants due to inadvertent appearance of accused on one date - This amounts to an unjustifiable restriction on the procedural rights of the petitioner in the absence of any misconduct, lack of `bonafides', or a deliberate attempt to evade proceedings on his..........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C - Delay on the part of I.O. in recording statements of crucial witnesses casts a cloud on the very veracity of their testimonies - Further, discrepancies in timelines brought out by them demonstrates in no uncertain terms that narratives of these witnesses are not free from suspicion and doubt...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration of suit allowed by trial Court subject to payment of costs by plaintiff - Costs paid - Trial Court committed error by recording a finding that suit cannot be restored, as plaintiff failed to pay costs - Order of trial Court set aside - Suit restored...........
Criminal Procedure Code, 1973, Section 164 -- Re-recording of statement of victim u/s 164 Cr.P.C - Earlier statement alleged to be made under coercion and not voluntary in nature - Direction issued to respondent No.1 to consider desirability of re-recording of statement of victim u/s 164 Cr.P.C...........
