Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Amounts to contempt of Court u/s 2(b) of the Act...........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Undertaking given by a party should be seen in the context in which it was made and (i) the benefits that accrued to the undertaking party and (ii) the detriment/injury suffered by the counter party - Normally the question whether a party is guilty of..........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Subsequent conduct - Very determination of an act of contempt cannot simply be based upon subsequent conduct - However, it is open to Court to see whether subsequent conduct of alleged contemnor would tantamount to an aggravation of contempt already..........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Petitioners who availed loan from Bank admitted their liability and undertook to deposit Rs.7 crores - However, petitioners issued four post dated cheques, which were dates beyond the date within which they had agreed to make payment, in compliance of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail with condition - If facts and circumstances so warrant even Criminal Court at the time of grant of bail can direct accused to disclose his movable and immoveable properties/assets and also to submit an undertaking that he will not fraudulently transfer the same in order to defeat any order which may be..........
Insecticides Act, 1968, Section 33 -- Misbranded insecticides - Offence by company - Company passed a resolution fixing responsibility of one of Managers and same was furnished to Managing Director - When furnishing of such undertaking fixing responsibility of quality control of products is not in dispute, there is no reason or justification for prosecuting Managing..........
Custody of major daughter -- Writ of habeas corpus - Petitioner/father of corpus sought her custody by filing writ petition - Daughter is hardly aged 18 year and 3 months and has developed relations with respondent and she wanted to marry him - She expressed her desire to go with her parents but also expressed her desire to maintain relationship with respondent - Parents..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Offence u/ss 341, 395 IPC - Petitioner is a young boy of less than 16 years - He is confined in observation home in connection with offence alleged - Matter is pending investigation - Apprehension expressed regarding likelihood of petitioner coming into contact with other..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Claimed by father - Family Court granted custody of both the children to father - However, custody of younger son continues with mother - Husband have not paid maintenance to wife and children - Even, wife in order to avoid further disharmony is willing to forgo her claim over arrears of maintenance - Affidavit..........
Evidence Act, 1872, Section 137 -- Closure of right to cross examine witness - Court gave last chance to cross examine with cost, number of times but witnesses not cross examined - High Court granted one last opportunity to cross examine witness and counsel gave an undertaking that he will not seek any further adjournment - Last opportunity availed but still adjournment..........
