Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361, Indian Penal Code, 1860, Section 440 -- Benefit of probation - Offence u/s 440 IPC - Appellants were convicted for maximum period of six months u/s 440 IPC - Therefore, benefit of probation could have been given - But, while awarding sentence said aspect was not considered -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Deficient Court fee - Plea that land sold exceeded what was agreed or that consideration was not paid are questions of fact, to be adjudicated in trial proceedings after proper pleadings and evidence - Those contentions do not affect legal requirement of affixing proper..........
Court Fees Act, 1870, Section 7 -- Court fee - Suit for declaration and permanent injunction challenging two sale deeds - Plaintiffs are executants of sale deeds which they seek to set aside - Plea that sale deeds were obtained by fraud or that full consideration was not paid does not alter their status as executants - Even if such allegations are assumed to be true,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106 -- (Criminal Procedure Code, 1973, S.102) - Freezing of bank account - Bank has acted in accordance with law in freezing petitioner's account pursuant to directions issued and request made by Cyber Crime Department and if petitioner is aggrieved by freezing and wants to get her account defreezed, it is open to her to..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Quashing of proceedings - Marriage between victim and appellant got solemnized during pendency of appeal before High Court - Victim herself expressed her desire to live a peaceful and stable family life with appellant, upon whom she is..........
Court Order -- Expunging of adverse remarks and waiving of cost imposed - Court indicated its mind and requested counsel to refrain from further submission - Continued insistence thereafter, especially after Court expressed its inclination, serves no purpose and affects decorum of proceedings - Applicant tendered an unconditional and bona fide apology - Adverse remarks..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2298 days in filing special leave petition - Accused never approached for filing special leave petition and she was not willing to file the same before Supreme Court - Special leave petition has been filed merely in view of directions of National Legal Services Authority to provide free legal aid to needy..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Legal test for purposes of rejection of plaint and for adjudication of interim relief can be culled out as follows : (i) S.12-A of Commercial Courts Act mandatorily requires pre-institution mediation for commercial suits, non-compliance of which..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of nullity of a rapat entry and correction of revenue records - Applicant has placed on record certain documents such as mutation and Jamabandi showing transfer of suit land from State Government to one `J' and thereafter to himself - He has also referred to several rounds of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. empowers Court to arraign any person as an additional accused in an ongoing trial, who is not already an accused before it - If evidence suggests that such person has committed the offence which is subject matter of that trial, and should be tried with accused persons already..........
