Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - No objection taken as to territorial jurisdiction at first instance including at the stage of framing of issues as such said objection is deemed to have been waived - Order allowing application set aside...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Two documents regarding date of birth of applicant already on record - He was below 16 years of age at the time of alleged incident as per said documents - There was thus, no occasion for JJ Board to direct an ossification test for determination of age of applicant..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Interim protection has already been granted to applicants in an order passed u/s 528 BNSS - There is thus, no apprehension of arrest of applicants - Anticipatory bail application, rejected - However, Rs.20,000 imposed on counsel for applicants, as he makes an attempt to deceive the Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Once marriage inter-se husband and wife is admitted and no legal/valid document with regard to subsistence of earlier marriage of wife ever came to be placed on record, complaint filed u/s 12 of the Act at the behest of wife is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance to wife - Wife successfully proved on record that husband as well as her in-laws repeatedly tortured her physically and mentally for bringing less dowry - She also proved that she was given beatings by husband as well as her in laws - Husband is working in Indian Army and..........
Election -- Election petition is to be decided on the basis of evidence available on record as may be led by parties - There is no scope of filing up of lacuna in proceedings relating to election petition - High Court committed error by remanding matter for taking fresh evidence, as such sweeping directions to call for witnesses and expert evidence cannot be passed when..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Rectifying an inadvertent error by recalling relevant portion of order does not amount to exercising power of review, rather constitutes a legitimate exercise of Court's inherent authority to correct accidental or clerical mistakes in order to prevent miscarriage of justice...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Recall does not involve a re-evaluation of merits of case nor does it amount to a judicial reconsideration of conclusions previously arrived at - Rather, it is invoked in circumstances where order of Court has been affected by an inadvertent procedural irregularity, accidental omission, clerical lapse or..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Exercise of recall does not partake the character of appellate or review jurisdiction - Rather, it constitutes a limited corrective authority inherent in every Court of record enabling it to rectify accidental errors and procedural aberrations so that judicial record may accurately mirror the true..........
