Constitution of India, 1950, Article 226, 227, 228 -- Writ petition - Locus standi - There is no provision under Rules of High Court of Kerala enabling a non-party spouse to file a writ petition on behalf of a party spouse, without a duly executed power of attorney, in the status of an agent...........
Indian Penal Code, 1860, Section 350, 349 -- Criminal force - Act of snatching a file, throwing same onto table and hit a plastic chair on floor, will not attract definition of criminal force, as there is no criminal force used against any person, nor is there any intention to use force to cause or knowing it to be likely that by such force he will cause injury, fear or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Plaintiff failed to show that inspite of due diligence, she could not file application for amendment before commencement of trial - Order allowing application set aside...........
Bharatiya Nyaya Sanhita, 2023, Section 329(4), 232, 351(3), 3(5), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 329(4), 232, 351(3), 3(5) BNS - Issuance of non-bailable warrants - Quashing of order - Notice issued u/s 35(3) BNSS indicates that investigation agency did not initially intend to arrest accused - Neither any material on record nor any..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contemporaneous signatures - Application for comparison of signatures dismissed on the ground that documents containing admitted signatures were not contemporaneous documents - However, High Court has not made any observation with respect to whether document is contemporaneous or not, nor that..........
Criminal Procedure Code, 1973, Section 482 -- Second quashing petition - Second quashing petition raised on the grounds which were available to accused at the time of adjudication of first quashing petition - Failure of accused to raise a pertinent ground which was tangibly available to them at the time of adjudication of first quashing petition in no circumstance grant a..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Setting aside - When an ex-parte decree is passed, defendant has two remedies: (i) Either to file an application U.O.9.R.13 CPC to set aside ex-parte decree by satisfying Court that summons was not served or if served, defendant was prevented by sufficient cause from appearing in Court when suit..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Appeal - Right to appeal u/s 96(2) CPC challenging original decree passed ex-parte, being a statutory right defendant cannot be deprived of statutory right merely on the ground that he did not file any application U.O.9.R.13 CPC...........
Registration Act, 1908, Section 89(4) -- Registration - Copy of sale certificate - Sale certificate issued by authorised officer is not compulsorily registrable - U/S 89(4) of Registration Act registering authority is only required to file a copy of sale certificate as and when it is forwarded to him by authorised officer - Such filing of copy of sale certificate is merely..........
Criminal Procedure Code, 1973, Section 173 -- Final report - Once an FIR is registered and investigation is completed, police are legally bound to file a final report whether recommending prosecution or closure before jurisdictional Magistrate or Special Court...........
