Criminal Procedure Code, 1973, Section 102, Foreign Exchange Management Act, 1999, Section 36 -- Seized articles - Handing over to enforcement authorities - Police cannot decide to hand over the seized articles to enforcement authorities - In case some other agency or authority has right to claim over the seized articles, a report has to be filed before Magistrate..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Hindu Adoptions and Maintenance Act, 1956, Section 22, 21 -- Suit for recovery of arrears of maintenance and fixation of future maintenance - Trial Court created charge upon property of defendant with further direction that defendant will seek permission of Court in case he wants to sell the property - Prima facie case is in..........
Civil Procedure Code, 1908, Order 15A -- Suit for declaration - Application by defendant for direction to plaintiff to deposit rent - It is landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by defendant/tenant, pending suit - There is no provision in CPC which enables defendant in the suit to file an..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing of written statement within prescribed period - Striking off defence - Provision of O.8.R.1 CPC is directory and not mandatory in nature - Order dismissing application for striking off defence of defendant, upheld...........
Criminal Procedure Code, 1973, Section 173 -- Final report - Before acceptance of Final report, all the aggrieved persons are required to be given a notice so as to provide them an opportunity to protest against the same - Admittedly, no notice was given by Court to petitioners before accepting the Final report - Impugned order quashed - Trial Court directed to issue..........
Indian Penal Code, 1860, Section 376, 342, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of charge - Prosecution of petitioners at the instance of prosecutrix completely malicious and malafide - Story set up by prosecutrix bereft of truth and appears to be false, improbable and unnatural - Prosecutrix did not come ahead to give her blood samples for DNA in..........
Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Quashing - Petition u/s 482 Cr.P.C. is maintainable even when remedy provided for filing criminal revision is not availed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 20, Criminal Procedure Code, 1973, Section 482 -- Petition seeking various relief contemplated under Act of 2005 - Quashing of proceedings - Trial already concluded - There is no justification seeking quashing of proceedings - It would be appropriate for the petitioner to go before Trial Court and submit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to introduce plea that properties in dispute were purchased from income and sale of ancestral property - Trial already commenced - Earlier there is no mention regarding house in dispute as ancestral coparcenary property - In no way it can be said that this plea was not within knowledge..........
Criminal Procedure Code, 1973, Section 451, 482 -- Release of seized property - Release of currency notes during pendency of trial - Provision of S.451 Cr.P.C., is clearly applicable - Order passed u/s 451 Cr.P.C. is revisable one - Since applicant approached Court directly without availing statutory remedy of filing revision, Court does not find any ground to invoke..........
