Mutation -- Disputed question of title as well disputed questions of law and facts cannot be entertained in mutation proceedings and can best be adjudicated in pending civil suits...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Statement of complainant recorded to the effect that matter has been compromised - Thereafter complainant stated that there was no compromise and accused is yet to make the payment as per compromise - Complainant cannot be permitted to back out from mutual settlement - If any of the parties..........
Criminal Procedure Code, 1973, Section 313 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.351) - Examination of accused u/s 313 Cr.P.C - Court is entitled to secure the assistance of public prosecutor and advocate representing the accused to prepare the questions to be put in the examination u/s 313 Cr.P.C - A Public Prosecutor has to play an active role in ensuring that..........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Ground of abuse of process of law will not be available while arguing discharge application...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of proceedings - Accused can rely upon documents which are not the part of charge sheet in proceedings for quashing either u/s 482 Cr.P.C or Art.226 of Constitution, as a wider challenge is available in such petition including a challenge on the ground of abuse of process of..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh - Limitation - Once the permission is granted to withdraw the suit with liberty to file fresh suit, law of limitation will apply only as if the very suit after granting permission by Court has been instituted afresh...........
Muslim Law -- Interim maintenance - Claimed by grand daughter from grandfather - Father of child died - Affidavit is on record by respondents stating that mother of child has no source or income to take care of child - Petitioner/grandfather of child failed or refused to file objections against the same and did not impel any contention against its maintainability even at..........
Arms Act, 1959, Section 17 -- Arms License - Cancellation - License of petitioner cancelled on the ground that he used the weapon at public place in contravention of R.32 of Arms Rules - However, neither place where firing took place has been defined nor date or time has been defined by licensing authority or appellate authority - There is no admission on the part of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/s of SC/ST Act - FIR quashed following an amicable settlement - Awarding of full compensation in such scenarios would be contrary to the spirit of law...........
