Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Replication - Filing of documents alongwith replication - There is no complete bar on production of documents alongwith replication at a later stage - Requirement is one of seeking leave of Court - Procedures are handmade of justice and cannot be used to deny the same...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Rape case - Juvenile is 15 years of age thus, not fall into special category of a juvenile between 16 and 18 years - He has no criminal history - Social investigation report shows nothing against juvenile to be misfit in society - Taking into account all facts and circumstances of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea that due to oversight and mistake some important facts not included in written statement - Amendment declined as (i) amendment sought is not only belated but also not bona fide; (ii) in case amendment is allowed the same would change nature and character of defence taken by defendant;..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Partition suit - Plaintiffs are aged about 80 years and 72 years respectively - They are senior citizens - Application pending before Court below for more than 9 years, which is very unreasonable and contrary to procedure contemplated under law - Petitioners have to get fruits of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Gravity or seriousness of offence should not be taken as a ground to reject bail to a juvenile...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder - Applicant a juvenile on the date of occurrence and does not having criminal history - He has been in confinement for an unduly long period of time - Trial of case is not concluded within time frame contemplated by JJ Act -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction u/s 138 of the Act - Payment of compensation - Awarding jail sentence to accused may not be in interest of justice - Payment of compensation u/s 357 Cr.P.C to complainant would be in interest of justice - Directions issued...........
Prevention of Corruption Act, 1988, Section 17, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 409, 468, 471 -- Person authorized to investigate - Offence u/ss 13(2), 13(1)(d) of P.C. Act and Ss. 420, 409, 468, 471 IPC - Applicant is not a public servant - There is no pleadings with regard to prejudice caused to him or miscarriage of justice on account of enquiry..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 392, 323, 452, 506, 294(b), 34 -- Anticipatory bail - Offence u/ss 392, 323, 452, 506, 294(b), 34 IPC - Material placed on record would sufficiently indicate that accused had intention to intimidate or at least slap him and thus, cause hurt to him and also applying stinging nettle plant over his..........
Constitution of India, 1950, Article 32 -- Writ Petition - Right to approach Supreme Court u/art 32 of Constitution is itself a fundamental right - If Citizen of India is deterred in any case from approaching Supreme Court in exercise of his right u/art 32 of Constitution, it would amount to a serious and direct interference in administration of justice in the country...........
