Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29 -- Bail - Contraband - Petitioner is behind the bars for last more than 5 months - Investigation is complete and final report u/s 173 Cr.P.C. was presented before concerned Court - Charges were framed and trial of case has not made much..........
Custody of Child -- Exchange of child for interim or final custody - Only in unavoidable circumstances when situation so expressly warrants and to be recorded in writing that place of exchange be ordered to be court premises and in all other situations an apposite neutral place be identified and fixed...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Can be taken at any stage of proceedings even after final disposal of case before any Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of trade mark - Trade mark of defendant is visually, phonetically, structurally and deceptively similar to plaintiff's registered trade mark with the similar symbol for which plaintiff has secured trade mark registration certificate and has been using the same since long - Defendant's..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for mode of payment of compensation: (i) A direction can always be issued to transfer the amount into the bank accounts of claimants with intimation to Tribunal; (ii) For that purpose, Tribunals at the initial stage of pleadings or at the stage of leading evidence may require the claimants..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - While passing order u/s 148 of the Act, Court has to consider that condition of deposit of 20% will not be unjust but also, the fact whether imposing condition would amount to deprivation of right of appeal of appellant - For passing final order u/s 148 of the Act, Court can gather the required..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Two charge sheets submitted by investigation agency - However, as per record CBI initially submitted charge sheet before Special Court, which returned the same, and CBI later submitted final..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(ii) -- (Criminal Procedure Code, 1973, S.167(2) - Default bail - Charge sheet received by Special Judge and an endorsement made `check and then put up' on 24.01.2024 - It is incumbent on part of investigating agency to file final report within a period of 60 days from the date of receipt of information as per..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Plaintiff, having agreement to sell in her favour does deserve the protection of her rights qua the property in question - If no interim order is passed in her favour and the property is further transferred or alienated, no adequate relief would be granted to her if the suit is ultimately decreed in her favour..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against father-in-law and mother-in-law - A-2 and A-3 had a principal role in pressurizing the deceased with repeated demands for expensive items and subjecting her to relentless cruelty - It emerges that..........
