Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to petitioner cancelled on the ground that he is involved in other offence - However, prosecution has not produced any material to show that alleged involvement of petitioner in subsequent crime has any nexus with trial or any of proceedings in the case - Nothing to show that he had an..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 413Proviso -- Dishonour of cheque - Appeal against acquittal - Cheque issued in favour of complainant - Complainant was victim of crime as defined u/s 2(y) of BNSS - Victim shall have right to prefer an appeal before appellate forum and for preferring appeal no leave is needed..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Civil Judge is not the Principal Civil Court of original jurisdiction and has no jurisdiction to entertain a suit u/s 92 CPC or S.2 of Religious Endowments Act, as Principle Civil Court of original jurisdiction...........
Civil Procedure Code, 1908, Section 92, Religious Endowments Act, 1863, Section 2 -- Suit u/s 92 CPC and S.2 of 1983 Act in the State of UP Can only be filed in the Court of Principal Civil Court of original jurisdiction i.e the Court of District Judge and not in any other Court - District Judge can decide the suit himself or he may transfer it to an Additional District..........
Armed service -- Court Martial proceedings - Appointment of Judge Advocate - When no reasons are recorded for appointment of Judge Advocate who is junior in rank to the officer facing trial, Court martial proceedings stands invalidated...........
Armed service -- Protection u/r 103 of Army Rule is available only where a fit person has been appointed as a Judge Advocate...........
Service -- Transfer order - Regularization of period during which employee not joined the place of posting - Transfer orders had been set aside by Single Judge which was confirmed by Division bench - Respondent nos. 4 and 7 would be entitled to receive their salaries with effect from the date of judgment by Single Judge - However, since respondent no.4 remained absent..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - So long as plaint discloses some cause of action which requires determination by Court, mere fact that in the opinion of Judge plaintiff may not succeed cannot be a ground for rejection of plaint...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94(2) -- Age of victim - Determination - Basis of date of birth in matriculation certificate is not disclosed - Victim's version that she attended no school from Class-I to Class-3 has not been found convincing and reliable - View taken by trial judge to accept the date of birth certificate from school..........
Adverse remarks -- Expunging of - Adverse remarks were made by Judge of High Court against orders of Supreme Court - Gratuitous and unwarranted remarks with regard to previous orders passed by Supreme Court are absolutely unwarranted - Observations of the nature which have proliferated in the video of proceedings of Judge of High Court can cause incalculable harm to..........
