Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Order of setting aside decree of divorce - Death of husband - Second wife of deceased husband who allegedly got married after a decree of divorce was granted, is review applicant - Since contentious issues have been raised with regard to validity of marriage of second wife, issue relating to divorce..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), 3(5), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Cancellation of bail - Kidnapping and rape - Session Court granted bail - Even though concurrent powers vested in High Court along with Special Court or Sessions Court to grant or cancel..........
Criminal Procedure Code, 1973, Section 397, 401, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Discharge - Dismissal of application - Revision against - Order passed in discharge petition is not an interlocutory order and it is an intermediate order - Revision against..........
Damages -- Damages for use and occupation of property under Schedule-B - Property in question purchased by plaintiff and in a portion, defendant was granted license to take care of cattle belonging to her - Since, there was no necessity for continuation, such license was revoked - Defendant has been in unlawful possession of suit property - In spite of order of ejectment..........
Bharatiya Nyaya Sanhita, 2023, Section 115(2), 118(1), 120(1), 27(2), 194, 351(1), 3(5), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223, 528 -- Offence u/Ss. 115(2), 118(1), 120(1), 27(2), 194, 351(1), 3(5) BNS - Quashing of order - Cognizance of offence - Violation of S.223 BNSS - Magistrate took cognizance by recording sworn statements of complainant and without..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment rejected on the ground of res judicata without going into merits of case - Order rejecting application set aside - Trial Court directed to consider application after providing an opportunity to all the parties and in accordance with law...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 36, 438, 442 -- Withdrawal of prosecution - Revision - High Court can amend order of trial court u/s 360 BNSS, if same is passed by Trial Court without independently considering all materials placed before it and without applying mind to assess whether application is moved in good faith, in interest of public policy and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360, 438, 442 -- Withdrawal of prosecution - Revision filed by accused against dismissal order u/s 360 BNSS - If order passed u/s 360 BNSS is s vitiated by non-application of mind, accused has every right to bring it to notice of High Court by way of a revision...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360, 438, 442 -- Withdrawal of prosecution - Revision filed by accused against dismissal order u/s 360 BNSS - Maintainability of revision filed by accused - Accused has right to challenge dismissal order u/s 360 BNSS, even if State has not chosen to challenge the same, if the order u/s 360 BNSS is vitiated by..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360 -- Withdrawal of prosecution - Order granting or declining consent to withdraw from prosecution should reflect application of mind by Court to relevant materials furnished by prosecutor, which led him to seek withdrawal and also to grounds canvassed by him justifying withdrawal...........
