Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest not communicated to accused in writing - Arrest is unconstitutional - Custody of accused on orders of remand also vitiated - Filing of charge sheet and order of cognizance does not validate an arrest which is per se unconstitutional - Order of remand, set..........
Arms Act, 1959, Section 17 -- Cancellation of fire arms license - Once foundation allegation against petitioner is found to be incorrect, then cancellation of fire arm license itself is bad in law, particularly when there is no finding in the impugned order of cancellation of license that petitioner may misuse his firearm license in future - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Indian Penal Code, 1860, Section 143, 448, 504 -- Unlawful assembly - Delivering a speech or raising slogans does not constitute offence under IPC - Moreover, there is no evidence of violence or threats that could have disturbed public peace and order - Dispute in question remains a civil matter and allegations made do not constitute a criminal offence - Order taking..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of order - Order of cancellation of bail and issuance of non-bailable warrants - Petitioner has remiss in appearing before Court only on one date consequently orders in question were passed against him - However, within seven months of absence form Court and on coming to know about passing of impugned order,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order of dismissal of application filed for extension of time to deposit cost of Rs.10,000 - Petitioner has fair trial as enshrined u/art 226 of Constitution and any denial of best available evidence or opportunity of effective and substantial hearing to petitioner in proving his defence would amount to..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Before remitting the matter back to lower Court, appellate Court is expected to set aside the judgment and decree passed by trial Court on merits and draw a conclusion that retrial of case is necessary - These two conditions are sine qua non for applicability of O.41.R.23-A CPC...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Dispute with regard to criminal conspiracy played by respondents against a broadcasting company in deleting and adding names of Directors - Magistrate while permitting withdrawal from prosecution failed to see that final report was filed categorically stating that accused committed offence of..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by mother - Mother being natural guardian can act as manager of joint family for herself and on behalf of minors and deal with property in the interest of minors and joint family subject to legal necessity - Her powers are not fettered by or governed by provisions of the Act - Order rejecting..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of cheque amount - Appellate Court failed to consider whether case falls under an exception or not to impose conditions as prescribed u/s 148 of N.I. Act - Impugned order set aside - Application u/s 389..........
