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..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 6 -- Application U.O.7.R.6 read with S.151 CPC that suit is not filed within limitation - Application kept pending for decision after both parties conclude their evidence as controversy regarding limitation cannot be decided without evidence as questions of facts are also involved to decide the application - Order..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Whenever a property is seized by police, it is duty of seizing officer/SHO to produce it before concerned Magistrate within one week of seizure and Court after due notice to concerned parties is required to pass an appropriate order for its disposal, within a period of one month...........
Criminal Procedure Code, 1973, Section 451 -- Theft of seized property - Where seized property is stolen, lost or destroyed and there is no prima facie defence made out that State or its officers had taken due care and caution to protect the property, Magistrate may in an appropriate case, where the ends of justice so require, order payment of value of property to its..........
Criminal Procedure Code, 1973, Section 458 -- Sale - Seized property - If no person establishes his claim to case property within six months or the person in whose possession such property was found is unable to show that he legally acquired the same, Magistrate may order sale of property by State Government u/s 458 Cr.P.C...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Valuation of suit - Suit for mandatory injunction - There are specific assertions in plaint that even on date of filing of suit it was plaintiffs who were in possession - It cannot be said that plaintiffs were seeking possession of suit property by virtue of making prayer for mandatory injunction - Moreover, Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Restraining defendant from using the trade mark `Heritage' - Amendment of written statement sought so as to plead that mark `Heritage' is a generic word and thus no person/company including plaintiff can claim exclusive use of the same and in the alternative to plead that it is defendant and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought at the post trial stage - Delay in seeking amendment - Nothing stated as to why the plea now sought to be introduced by way of amendment was not raised before commencement of trial - Nothing in amendment application to show the satisfaction of conditions mentioned in proviso to O.6.R.17..........
