Arms Act, 1959, Section 30, Criminal Procedure Code, 1973, Section 468 -- Offence u/s 30 of Arms Act - Cognizance of offence - Limitation - Offence u/s 30 of Arms Act being punishable upto 6 months imprisonment, therefore no Court can take cognizance after period of one year - In the instance case, arms licence of petitioner expired in Aug 2011 and he kept gun with him..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Ex parte order - Setting aside - Counsel not appeared on the relevant date which resulted in ex parte order passed against defendants - Party cannot be made to suffer for fault of counsel - Foreclosure of defendant's right to cross-examine PW1 and PW2 has resulted in grave prejudice to right of defence of..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 12(2) -- Return of plaint - Lack of pecuniary jurisdiction - Commercial dispute - S.12(2) of CC Act stipulates that pecuniary jurisdiction should be determined based on aggregate values delineated in statements of claim and counter claim on the date of presentation, rather than additional..........
Agreement to sell -- Specific performance - Time was not essence of contract - Suit filed after a long gap of 33 years from date of execution of agreement to sell - No effort was ever made by plaintiff to get sale deed executed in her favour - When plaintiff failed to file suit for specific performance within reasonable time from the date of execution of agreement and..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Rape - Quashing of proceedings - Accused is alleged to have married a minor girl/victim - Correct date of birth of victim is yet to be ascertained - Even if victim is found to be below 18 years at the time of..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Defendant sought rejection of plaint on the ground that alleged sale deed has not been challenged by plaintiff in the suit - However, plea of plaintiff that he got knowledge of existence of sale deed at a later date is an essential fact which could not be decided at the stage of deciding..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Accused himself came forward and has undertaken to appear before trial Court on each and every date - Sole purpose of issuance of non-bailable warrant or issuance of proclamation is to secure presence of accused before trial Court - Order declaring accused as proclaimed offender set aside...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife and daughter - Enhancement of - Salary of husband has increased manifold - Wife is suffering from some ailment and requires recurring medical expenditure - Though daughter has become major in the meanwhile but there is nothing to show that she had become financially independent or was got married at the time..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Application for restoration of appeal filed within 30 days from the date of dismissal of appeal for non-prosecution - It is appellant's first appeal against judgment and decree passed by Court below - Dispute is with regard to immovable property - Appeal restored subject to costs..........
Stamp Act, 1899, Article 41A -- Deficient stamp duty - Agreement for sale of land was executed between parties - Date for handing over of possession had been fixed as condition precedent i.e receipt of full payment of cost of plot - Document in question thus, falls within purview and ambit of Art.47-A Explanation I of Schedule IA of the Act and duty is chargeable as per..........
