Hindu Marriage Act, 1955, Section 5(3), 11, 12 -- Minority of spouse - Marriage - Whether illegal and void ab-initio - Whether young girls getting married having reached the age of discretion but not attained majority can be sent to protective custody to a Remand Home against her will? - Held that marriage was neither void no illegal on account of spouse being less than 18..........
Criminal Procedure Code, 1973, Section 167 -- Remand - Requirement of sending case diary alongwith remand request is mandatory...........
Criminal Procedure Code, 1973, Section 167, Evidence Act, 1872, Section 114 -- Remand - Considered the prayer and remanded accused to judicial custody - Considered means, deemed; determined; adjudged; reasonably regarded and the expression 'Heard' has a similar meaning - Contention that remand was granted on request not accompanied by case diary which is mandatory - No..........
Prevention of Terrorism Act, 2002, Section 49(2)(b) -- Investigation - Extension of time - Extension of time for completion of investigation is not to be granted as a matter of course, but subject to conditions enumerated in the Act - Report of Public Prosecutor must satisfy Court that Investigating Agency acted diligently and inspite of the progress of investigation it..........
Criminal Procedure Code, 1973, Section 167 -- Remand - Court can grant remand even when accused is not produced - Court has to record reasons - Presence of accused can be dispensed with only on special reasons - Officer seeking remand has to file an affidavit stating reasons for not producing accused and also as to the state of health of accused...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 6, Rule 17 -- Appeal - Additional evidence and amendment of written statement - Permission sought for - Defendant coming to know about the will during pendency of appeal - No delay or negligence attributable to the defendant - Amendment allowed - Case remanded for decision afresh on that..........
Criminal Procedure Code, 1973, Section 167, 437 -- Police remand and bail application - Bail application pending on the same day when police remand sought - Court should hear remand application as well as bail application at a time in one hearing instead of hearing them separately at different hours of the same day and passing different orders - Court should hear the two..........
Remand order - - Interlocutory order - Order of remand is an interlocutory judgment which did not terminate the proceedings and hence could be challenged in an appeal from the final order...........
Prevention of Terrorism Act, 2002, Section 49(2)(b) Proviso, Criminal Procedure Code, 1973, Section 167(2)(b) -- Offence under IPC - Accused remanded to police custody for 7 days - Remand not extended and accused sent to judicial custody - Offence under POTA added subsequently - Court is competent to remand accused to police custody from judicial custody...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Stay of subsequently filed suit - Order passed by trial Court without revocation of stay order - Case remanded for retrial to the Court - Order erroneous - However appellate Court came to conclusion that remand of suit would be an exercise in futility in fact of case - Merely because there was some illegality while deciding..........
