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...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360 -- Withdrawal of prosecution - Trial Court dismissed application u/s 360 BNSS without providing any reasons for not allowing application filed by prosecutor - Even, Trial Court failed to consider or address various grounds canvassed by prosecutor justifying prayer for withdrawal or material furnished before Court -..........
Custody of child -- Claimed by father - Writ of habeas corpus - Child is citizen of USA by birth - However, child is living with her mother in India - Father of child obtained order of USA Court directing mother to produce child before it - However, father has alternative remedy as per different provision of CPC including S.44-A and Ss.13, 14 CPC and if required and law..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case in favour of plaintiff not challenged so High Court not entering into issue of prima facie case - Balance of convenience lies in favour of defendant and it would be defendant who would be facing comparative more hardship and irreparable loss, if temporary injunction is granted -..........
Custody of child -- Temporary custody of child granted to father during summer vacation - Challenge as to - Minor stayed with father for five days pursuant to order of Court - Statements made by minor during interaction with Additional District Judge shows nothing adverse against father in order to hold father to be an unfit person for having temporary custody of minor -..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Infringement of trade mark - Appellant tendered apology for infringement and stated that same had occurred due to a bona fide mistake and had not been sold directly by Company but through some agents prior to injunction order - Though there was no clear finding of lower Court as to willful..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Only reason sought to be ascribed for seeking amendment in written statement is that advocate who filed said application was recently engaged by defendant no.2 and after perusal of record and pleadings, he realised that certain amendments in written statement were required - However,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Divorce petition sought to be amended by adding a prayer of declaration that marriage is null and void which ground was available at the time of filing of divorce petition - Amendment sought after nine years after trial has commenced - Failure to demonstrate that in spite of due diligence he..........
Criminal Procedure Code, 1973, Section 155(1), 155(2) -- Non-cognizable offence - Magistrate has passed an order on requisition submitted by SHO of Police Station by writing the words as I.O. is directed to conduct investigation - Said endorsement on requisition submitted by Police Officer is not a judicious order having applied its mind and there is no application of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree passed with direction to petitioner to remove obstruction on approach road and further restraining petitioner from causing obstruction to plaintiff's right of way - Said decree makes a reference to a map in which road is shown - Entire dispute revolved around the access road leading from..........
