Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of divorce petition - Two other matrimonial cases pending in another Court - Divorce petition transferred to the place where two other cases are pending...........
Civil Procedure Code, 1908, Section 96 -- Appeal - It is open to First appellate Court while exercising power u/s 96 CPC to act as final Court of fact and law...........
Civil Procedure Code, 1908, Section 96 -- Trial Court did not venture into issues framed, other than the one pertaining to limitation - It is well open to the First Appellate Court while exercising power u/s 96 CPC to act as final Court of fact and law - In such situation, it is well open to High Court to consider the issues both on facts and law either by itself or at..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - Non-compliance of provision of O.39.R.3 CPC - Ex parte interim injunction granted in favour of plaintiff with condition as provided U.O.39.R.3 CPC - However, there is non-compliance of provision of O.39.R.3 CPC by plaintiff, as copy of plaint, affidavit with necessary documents were not sent to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Objections as taken by defendant are mixed question of facts and law, which cannot be decided at this stage - Plaint not liable to be rejected - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Stay of investigation - If the allegations made in the FIR or complaint prima facie do not constitute any offence against accused or if proceedings are found to be manifestly mala fide or malicious instituted with ulterior motive etc., investigation cannot be stayed by High Court, particularly when investigations were at a very..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36 -- Contraband - Commercial quantity - Expeditious disposal of case - Directions issued: (i) Police report filed before Trial Court shall carry the details of officer heading the prosecuting agency; (ii) Head of prosecuting agency shall be responsible for supervising the progress of trial; (iii) on the day..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, Criminal Procedure Code, 1973, Section 482 -- Appeal - Where an aggrieved person has a remedy of appeal u/s 14-A SC/ST Act, inherent powers of Court u/s 482 Cr.P.C. cannot be invoked...........
Indian Penal Code, 1860, Section 499 -- Defamation - Quashing of complaint - Accused has explained the context in which he made statements on the basis of which a complaint of defamation was filed - Moreover, such statements have been unconditionally withdrawn by accused - It is thus, unjust to continue prosecution - No purpose will be served by continuing prosecution -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Except for one or two occasions, no absence of complainant was recorded - Complainant was out of India and said fact was not brought to notice of trial Court - Due opportunity is required to be given to parties to adduce..........
