Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court while rejecting anticipatory bail granted interim protection to accused for a period of two months and directed that no coercive steps be taken against accused for a period of two months - Self contradictory orders were passed by High Court - Order to the extent of directing no coercive steps..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Aggravated penetrative sexual assault - Victim stated that she was in love with accused and willing to accompany accused and even celebrate their marriage - There was no external injury at her private parts - Prosecution not able to establish that there..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Cheating - Furnishing of fabricated documents to bank to get loan - Complaint discloses cognizable offence - Petition for quashing dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Matter pertaining to infringement of trademark and there is recurring loss in the business of plaintiff - Pleadings shows clear urgency in the matter - Provision u/s 12-A of the Act not applicable, as same can be attracted only in cases which do..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Matter pertaining to infringement of trademark and there is recurring loss in the business of plaintiff - Pleadings shows clear urgency in the matter - Provision u/s 12-A of the Act not applicable, as same can be attracted only in cases which do..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is in custody for last more than 3 years and 6 months - Out of 17 PWs only 7 witnesses have been examined till date - He does not have any criminal antecedents - Bail granted...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - It is incumbent for Appellate Court to set aside judgment and decree passed by trial Court on merits and conclude by giving adequate reason for necessity of retrial of suit...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 23A -- Remand - Court has neither set aside judgment of trial Court on merits nor it has recorded the reasons for which trial is considered necessary - Judgment of first appellate Court set aside - First appellate Court to decide the appeals afresh after hearing parties...........
