Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LRs - Only requirement for filing LR application is death certificate - Family member certificate is not required for filing LR application...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Res judicata - Findings recorded by Court/Tribunal while deciding application U.O.7.R.11 CPC will not operate as res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit whether barred by law - To be determined from the statements in the plaint - It is not open to decide the issue on the basis of any other material including written statement in the case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application it is only the plaint allegation has to be seen and not the defence which is being taken by defendant either in his written statement or in his application U.O.7.R.11 CPC...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Involvement of accused in other criminal cases cannot be sole ground to deny him concession of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bar since 12.8.2023 - Investigating agency has concluded the investigation and submitted final report u/s 173 Cr.P.C - Trial of case has not commenced yet, as none out of 18 PWs has been examined so far - Culpability..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - A-3 came to the scene of occurrence when co-accused dragged the deceased to the house of A-4 and assaulted them - He thereafter assaulted deceased with stone lying there - Though A-3 has knowledge that use of a stone hitting head of deceased is likely to cause death, but he had no intention to commit..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Matter has been settled and complete settlement amount has been repaid - Offence u/s 138 of the Act is compounded - Order declaring accused as proclaimed offender and FIR u/s 174-A IPC quashed...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Plaintiff filed suit in representative capacity - However, material on record shows that plaintiff had no authority to file suit as per procedure given U.O.1.R.8 CPC - Suit not maintainable as representative suit - Dismissal of suit was proper...........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(d), 6 -- Alternate punishment- Where an act or omission constitutes an offence punishable under POCSO Act and also Indian Penal Code or Information Technology Act, 2000, then, the offender found guilty of such offence shall be liable to punishment only under this..........
