Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Nine adjournments granted to file written statement - Written statement not filed as defendant was under impression that plaintiff will withdraw suit after compromise in between the parties - Defendant was duty bound to ensure that follow up steps to withdraw suit are taken -..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Leave of Court - Suit migrated to commercial Court - Filing of written statements as well as disclosure and discovery were all completed before suit migrated to a commercial suit, defendant would be governed by un-amended provisions of CPC i.e O.8.R.1-A(3) CPC and defendant has only to obtain..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - `Leave of Court' would necessarily mean that a defendant cannot take liberty as a matter of right and Court must assess whether law taken with attendant facts calls for leave or not...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Replication - Affidavit in support of replication is required to be filed...........
Guardians and Wards Act, 1890, Section 3, 7, 8, 9, 10, 25 -- Custody of child - Claimed by mother - Mother is working in Canada and minor is doing her schooling also in Canada - She applied for a PR certificate in Canada and Canadian State Authorities have sought an order of custody qua minor - If order of custody not produced, mother and child may run risk of being..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Bail - Recovery of morphine 1 kg 10 gm - Provision of S.50(1) of NDPS Act duly complied with - Sample was duly taken - Lack of independent witnesses would not vitiate recovery and arrest of accused - Merely because accused has no criminal history, would not..........
Indian Penal Code, 1860, Section 354A, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10 -- Offence u/s 354-A IPC and Ss.7, 8, 9, 10 of POCSO Act - I.O arrested accused during pendency of bail application u/s 438 Cr.P.C - Arrest of accused is in total violation of directions of Full Bench which held that persons who are involved in offences in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354A, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10 -- Bail - Offence u/s 354-A IPC and Ss.7, 8, 9, 10 of POCSO Act - Maximum punishment that can be imposed in the case is below 7 years - Accused was arrested on 21-4-2020 - S.354-A IPC is bailable - Whether offences..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 18(b) -- Recovery of 2 kgs 750 gms opium - Independent witnesses not supported prosecution case - However, non-support of independent witnesses, who have admitted their signature on each and every document prepared on the spot and do not offer any plausible explanation, does not create any doubt towards..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 18(b) -- Recovery of 2 kgs 750 gms opium - Search and seizure - Correction in quantity of contraband recovered from accused in memorandum of taking out sample - There is no correction or interpolation in quantity of contraband recovered from possession of accused - Therefore, correction in memorandum of..........
