Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - High Court cancelled bail without any valid reason and without there being any material to show even prima facie that conduct of appellant post grant of bail has been such that he should be deprived of his liberty - There are also no allegations of influence being exerted or threat extended..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Prima facie opinion is to be formed by Court while deciding a bail application - However, it is not binding on trial Court at the time of final hearing nor it is binding on I.O. debarring the collection of further investigation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Petitioner is seeking one chance to join proceedings before trial Court by abiding to terms and conditions - Paramount consideration of Court is to secure presence of accused on each and every date for speeding up trial for its final conclusion - Order declaring petitioner as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner is behind the bars for the last 7 months and 6 days - Investigation is complete - Charges were framed and trial of case has not made much progress - Out of 14 PWs, no PW has been examined so far - Culpability of petitioner..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(1), 6 -- Rape - Victim was 14 weeks pregnant at the time of medical examination on 8.8.2023 - However, victim on her examination and her statement given u/s 164 Cr.P.C. said that she last had sex on 22.04.2023 with accused but to be 14 weeks pregnant, she..........
Constitution of India, 1950, Article 14, Advocates Act, 1961, Section 16, Supreme Court Rules, 2013, Order 4, Rule 2 -- Classification of Advocates - Designation - Designation as a Senior Advocate cannot remain the monopoly of the Advocates practicing in High Courts and this Court - If the designations are conferred only to the Advocates practicing in High Courts and this..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 465, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1), 13(2) -- Bail - Cheating - Investigation of case based on documentary evidence, is complete - Entire incrimination evidence collected against petitioner is already part of challan which stands presented before..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 201, 120B, 34 -- Bail - Cheating - Money scam - Appellant is in custody since December 2023 - Prosecution intends to examine 189 witnesses - Total amount involved in the alleged scam is approximately Rs.4 Crore but Rs.35 lakhs attributes to appellant - Appellant directed to deposit an amount..........
Criminal trial -- Proof of document - Admission of document in evidence is different from proof of its contents and admission of genuineness is not the same...........
