Protection of Women From Domestic Violence Act, 2005, Section 31 -- Offence u/s 31 of the Act - Offence is cognizable offence - Police complaint - Registration of FIR for offence u/s 31 of the Act is in no way illegal, improper or ultra vires...........
Criminal Procedure Code, 1973, Section 239, Electricity Act, 2003, Section 135, 138, 151 -- Discharge - Offence u/ss 135, 138 of Electricity Act - As per S.151 of Electricity Act cognizance can be taken only on the basis of written complaint made by the competent authority - However, said provision was amended by Act of 2007 whereby a proviso was added making cognizance by..........
Army Rules, 1954, Rule 40 -- General Court Martial - Challenge to composition - - Improper constitution of General Court Martial (GCM) - Where GCM is not properly constituted normal course is to remit the case back to respondents to constitute proper GCM and hold Court martial - However, for various reasons as two of three charges not proved against appellant and proved..........
Indian Penal Code, 1860, Section 302, 449, 34, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of two knives - Recovery effected from A-1 - I.O deposed that after seizure of knives, same was not sealed and he merely put them in box and sent the same to Magistrate - Such procedure adopted by prosecution is highly improper and illegal, as box..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Powers of appellate Court - Evidence of both the parties available on record - Only a legal issue pertaining to question whether suit is barred by limitation, remains undecided - Appellate Court directed to decide the issue of limitation itself being First Appellate Court, as evidence is already led - Order of..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Once issues have been framed, Court has to pronounce judgment on all issues and failure of Court to give an appropriate decision on all issues, judgment is improper...........
Criminal Procedure Code, 1973, Section 82, 482, Indian Penal Code, 1860, Section 498A, 406 -- Proclaimed offender - Quashing of order declaring accused as proclaimed offender - Offence u/ss 406, 498-A IPC - Allegation against brother and sister of husband - Petitioners do not reside in India - A fact well within knowledge of wife - Any service effected in Yamunanagar would..........
Partition -- Partial partition - Parties consciously omitted to include residential property along with agricultural properties in partition deed of 1976 - Later on parties orally divided residential properties - Father released his 1/3rd share in residential property in favour of defendant - it will be improper to presume that father expressed relinquishment of his right..........
Medical Council of India Act, 1956 -- It must be proved by evidence of experts in the filed that suffering of ailment was as a result of improper performance of surgery and that too with the degree of negligence on the part of doctor - However, proving suffering of ailment by patient after surgery is not sufficient...........
Criminal Procedure Code, 1973, Section 190, 468, Copyright Act, 1957, Section 63 -- Cognizance of offence - Limitation - Offence u/s 63 of Copyright Act - Cognizance of offence taken long after 3 years of occurrence took place or the matter reported to police - Reason for causing delay neither ascribed not being discussed - Impugned order of taking cognizance held,..........
