Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - First appellate authority passed a two line cryptic order without assigning any reasons - Even, relevant points of determination not framed - Order passed by first appellate authority is not legally sustainable and thus, set aside - Matter remanded back to first appellant authority with a..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 325, 308, 34 -- Summoning of doctor - Offence u/ss 323, 325, 308, 34 IPC - Operation note was sent by Doctor and due to oversight name of doctor had not been mentioned in the list of witnesses - Examination of doctor is very much essential to reach on conclusion in the case - Order rejecting..........
Constitution of India, 1950, Article 15(3), 39(e), (f), 45, 47, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, Indian Penal Code, 1860, Section 354, 451, 342, 506, 376(3), 376(2)(n), Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13(3) -- Maintainability - Even when a `Board' passes an order under Section 18(3) of the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has not dealt the second appeal in accordance with law and has failed to consider the relevant vital issues affecting the rights of parties to litigation - Judgment and order passed by High Court set aside - Matter remitted back to High Court for fresh consideration of second appeal in accordance with..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - Petitioner is a woman suffering from ill-health since the onset of COVID-19 pandemic and is unable to procure 20% of cheque amount which is..........
Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No complaint was made in the case - Charge sheet itself is not maintainable - Cognizance order on basis of charge sheet is thus, vitiated - Impugned order to the extent that while summoning of applicants, Court treated the charge sheet as a complaint case..........
Criminal Procedure Code, 1973, Section 482 -- Summoning of accused - Trial Court while summoning accused has only referred to recording of statements of witnesses and has not chosen to comment on the substance of said statements while summoning the accused - Order of summoning of accused set aside...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Application filed after the entire witness action of plaintiff is concluded - If plaintiff succeeds in proving his principal issue there is absolutely no need and necessity for framing of additional issue which is sought to be framed after the trial has commenced - Plaintiff has analyzed and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Setting aside order - Murder - Specific averments in FIR against all accused persons including respondents that all of them had set deceased on fire with an intention to kill him - High Court has erred in granting relief in a cryptic and mechanical manner without..........
