Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Ranbir Penal Code, 1989, Section 302, 34, 201, Arms Act, 1959, Section 4, 25 -- Bail - Offence u/Ss. 302, 201, 34 and Ss.4, 25 Arms Act - Petitioner in custody for seven years - Even, co-accused died during pendency of trial - Moreover, entire prosecution case based on circumstantial evidence - Further, material..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22 -- Condonation of delay - Delay in filing application for substitution - Neither O.22 CPC nor Limitation Act provides that application u/s 5 of Limitation Act must be filed along with application for substitution...........
Civil Procedure Code, 1908, Order 22 -- Substitution of LRs - Not filing separate application for setting aside abatement will not be fatal and prayer for setting aside abatement is implicit in application for substitution...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22 -- Condonation of delay - Delay in filing application for substitution - There cannot be a deliberate delay on the part of plaintiff in filing substitution application - In delay condonation application, it has been stated that Pairokar of plaintiff went out of station who was power of attorney holder on..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Decree passed in a suit for specific performance does not give any right or title to the decree holder - In case of agreement of sale and a decree passed in a suit for specific performance, right and title passes only on execution of sale deed...........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Single instance of adulterous conduct is not enough to disqualify wife from claiming maintenance rather, there must be evidence of continuous adulterous behavior - In brief, there should be proof that wife is habitually engaging in an..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Wife of `A' with whom respondent/wife is leading adulterous life had filed divorce petition on ground of adultery - Said circumstantial evidence are sufficient to establish the factum of `living in adultery' on a balance of preponderance..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Husband is not required to prove adulterous act beyond a reasonable doubt - Adultery typically occurs in secrecy, making direct proof rare - Adultery can often be established through circumstantial evidence, provided circumstances lead..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court can grant interim relief pending appeal even if suit is dismissed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - First appellate Court can re-examine both questions of fact and law and may re-appreciate evidence on record - Its powers are as extensive as original Court's, meaning it can reconsider the need for interim protection...........
