Criminal Procedure Code, 1973, Section 327 -- Open Court is the norm and closed Court or proceedings in camera is an exception...........
Criminal Procedure Code, 1973, Section 327 -- Proceedings in camera - When Presiding Officer is satisfied that open Court will not be conducive to either accused or victim or even for any other reason, he can order in-camera proceedings...........
Money suit -- Writ petition for recovery of money due and payable under the bills/invoices - Earlier to that civil suit filed which was dismissed in default and restoration application was filed - Before that writ petition filed and same was allowed - Writ petition for recovery of money under the bills/invoices is not maintainable particularly when writ petitioner availed..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Possession of land was taken by drawing panchnama at the time of passing consent award - Compensation was offered but the landowner refused to accept the same - Therefore, it will not be open for landowner..........
Civil Procedure Code, 1908, Section 115, Family Courts Act, 1984, Section 19, 10 -- Revision - Order allowing amendment application by Family Court - No avenue of a revision u/s 115 CPC open to a party aggrieved by an order of Family Court - Party aggrieved by an interlocutory order may question it in appeal if it has trappings of a judgment - Revision dismissed being not..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Executing Court has left everything to be decided by Nazir of Court without recording any finding as to whether JDs have encroached upon suit land after passing of decree - Without undertaking such an exercise, it was not open to executing Court to pass a direction to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of clothes and weapon - Trial Court disbelieved the recovery on two grounds that there was no memorandum statement of accused as required u/s 27 of Evidence Act and recovery of knife was from an open place accessible to one and all - Approach adopted by trial..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation that deceased had committed suicide by jumping into open well because of mental and physical harassment of accused - Cause of death was asphyxia due to drowning - However, none of PWs had any knowledge as to whether deceased had jumped into well or she had accidentally slipped into well - Prosecution..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and insufficiently stamped document - Liberty is granted to raise objection in the course of suit proceedings as to admissibility of document or otherwise of document for want of registration in terms of S.17(1) of Registration Act, if it is open or otherwise permissible -..........
Protection of Women From Domestic Violence Act, 2005 -- Proceedings under the Act - Examination of witnesses - Imposing cost of Rs.10,000/- per witness - Not open to Court to impose such onerous condition, upon appellant, who claims to be a victim of domestic violence - Order imposing cost for examination of every witness set aside...........
