Civil Procedure Code, 1908, Section 151, Order 21, Rule 32(1), 32(3), 32(5) -- Execution - Decree of permanent injunction - Disobedience - Order of attachment of JD's properties passed without finding that JD has willfully disobeyed the decree - Said order is violative of provision of O.21.R.32 CPC - No opportunity was granted to JD and Court passed order of attachment..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of Domestic Violence Act - Limitation - S.468 Cr.P.C. is not applicable as it comes into picture only when a breach is committed in complying the protection order passed on the application u/s 12 of the Act...........
Criminal Procedure Code, 1973, Section 372 -- Appeal - Jurisdiction of Court to deal with appeal filed by victim is determined on the basis of maintainability of appeal against an order of conviction...........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Section 151 -- Recall of an order - Order closing opportunity to cross-examine plaintiff - Cross-examination of plaintiff closed after several opportunities were granted to defendant - Recalling order and further giving opportunity to cross-examination would certainly amount to abuse of judicial process and would..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Merely because order or decision is erroneous cannot be reviewed on ground that different view can be taken on point of fact or law, as Court will not sit in appeal over its judgment...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred when accused sat down to pass urine in order to tease deceased - Accused struck lathi blows when being objected by deceased who also hurled abuses - Incident occurred on the spur of moment - Accused has no mens rea to commit the murder of deceased - There is no predetermination and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability - Husband filed petition u/s 9 of Hindu Marriage Act - Wife expressed readiness and willingness to resume co-habitation with husband - Decree of restitution of conjugal rights is passed with condition that in case husband does not take wife with him and resume co-habitation, he will pay maintenance..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 3(2)(Va), Indian Penal Code, 1860, Section 323, 341 -- Anticipatory bail - Appeal against order rejecting application for anticipatory bail - Appeal u/s 14(1) of Act of 1989 is appealable - As offences in question are bailable, bail granted to accused in the facts and circumstances of..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - In order that a person may be guilty of an attempt to murder, following two ingredients must be present:-(i) an intention or knowledge for committing murder; (ii) the doing of an act towards it...........
Indian Penal Code, 1860, Section 307, 326, 457 -- Reduction of sentence - Offence u/ss 307, 326, 457 IPC - Though two victims sustained grievous injuries on their persons but accused had no intention to cause death of those persons to constitute offence u/s 307 IPC - Order of conviction u/s 307 IPC set aside - Since accused is already behind bar for more than 1 1/2 years,..........
