Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of earlier suit without liberty to file fresh suit on same cause of action - Bar of subsequent suit - Partition suit - Bar U.O.23.R.1(4) CPC will not apply to suit for partition, as cause of action in such a suit would be recurring one...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mother of counsel for the plaintiff passed away due to illness and he also met with an accident and therefore he was unable to attend Court proceedings - Lenient approach should be adopted taking into submissions made by parties - One more opportunity is thus, granted to..........
Indian Penal Code, 1860, Section 302, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Murder - Deceased stated in her dying declaration that accused trespassed in her house, raped her and poured kerosene oil upon her and set her ablaze - Dying declaration proved on record - FSL report does not advance case of accused in any manner merely because as..........
Indian Penal Code, 1860, Section 302, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Murder - Dying declaration - Nothing on record which dents statement made by deceased - Statement of deceased is reliable and gives cogent explanation of occurrence - Medical opinion with respect to condition of deceased before and while making her statement is on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time - Accused is entitled to notice of an application for extension made u/s 36-A(4) of the Act so that he is in a position to oppose the same, if need be...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(c), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Notice of application for extension of time to submit charge sheet u/s 36-A(4) of NDPS Act - Accused being produced before Court on the date of filing of application for extension or on the date of any order being passed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(c), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application for extension of time to submit charge sheet u/s 36-A(4) of NDPS Act can be filed through Additional Public Prosecutor...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(c), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Notice of application for extension of time to submit charge sheet u/s 36-A(4) of NDPS Act - Accused is entitled to notice of an application for extension made u/s 36-A(4) NDPS Act - In the absence of same, there is no valid..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4) -- One Time Settlement - Petitioner defaulted under one time settlement - Petitioners have to first pay balance amount as agreed upon and interest would keep recurring till amount is not paid...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Burden of proof - Once plaintiff proves execution of pronote by adducing acceptable evidence, burden shifts on to defendant to prove that pronote was not supported by consideration...........
