Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Allowed by Appellate Court - On the same very day appeal was allowed by setting aside judgment and decree of trial Court - No reason given as to why in the absence of further evidence being recorded by first appellate Court on basis of amended written statement, judgment and decree of trial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 342 -- Bail - Rape - Victim is yet to be examined - Mother of victim who is an eye witness to the incident has also not been examined so far - Without disturbing the order of bail granted by High Court, respondent/accused directed not to enter the said village where victim and her mother are..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of charge sheet - Victim categorically stated that she entered into marriage with applicant on her own choice and now she is enjoying her matrimonial life with applicant along with..........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D -- Default bail - Chargesheet against respondents was presented before the Trial Court on 29.04.2022 and application for grant of default bail was preferred only on 02.09.2022, i.e. after more than four months of filing of the said chargesheet - Respondent No. 4, who..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Petitioner/son is running a grocery shop in the village and other sons are daily wagers - Father is aged about 80 years and neglected by all the sons - Order directing petitioner to pay sum of Rs.3000 pm to father and other sons to pay a sum of Rs.1,500 each is proper...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 of the Act - Civil suit is pending between parties - However, no protection or ad interim injunction has been granted - Police report reveals that there was every chance of breach of peace - Impugned preliminary order and order of attachment of property is proper...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Sworn affidavit of complainant is necessary in support of complaint - Complaint without sworn affidavit of complainant - Order referring complaint to police for investigation and subsequent registration of FIR set aside...........
Civil Procedure Code, 1908, Section 24, 22, 23, 2(4), Family Courts Act, 1984, Section 7 -- Transfer of matrimonial case - Jurisdiction of Court - Where Lucknow Bench would be appellate Court competent to hear appeals against an order passed by Family Court situated in any of Courts subordinate to it and functional within its territorial limits of jurisdiction, transfer..........
Criminal Procedure Code, 1973, Section 357A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 396 -- Victim compensation - Case concerning bodily injuries such as sexual assault etc. - Directions issued: (i) Sessions Court, which adjudicates a case concerning bodily injuries such as sexual assault etc. particularly on minor children and women shall order for victim..........
Civil Procedure Code, 1908, Order 21, Rule 12 -- Execution - Decree for possession and mesne profits - Determination of mesne profits - Court which passes a decree for possession of land may direct an enquiry as to mesne profits both prior to institution of suit and subsequent thereto - Executing Court cannot assume a jurisdiction which is not vested with it, as executing..........
