Criminal Procedure Code, 1973, Section 439 -- Murder case - Interim temporary bail - Female accused delivered a child in jail hospital - Motive attributed to accused for killing her mother-i, law would be debatable issue at trial - Chances of tampering with evidence is not much as complainant is none else but son of deceased - Bail granted - It is ordered that accused..........
Hindu Marriage Act, 1955, Section 5, 13(1)(ia) -- Divorce - Husband contended that without seeking cancellation of marriage certificate, divorce petition is not maintainable - Contention rejected as registration of marriage is for the purpose of facilitating the proof of marriage and not the condition for seeking divorce...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 454, 380 -- Bail - Offence u/ss 454, 380 IPC - Petitioner joined the investigation but no recovery effected from him - He is permanent resident of place where FIR is registered and has roots in society - Petitioner always available to face trial - Bail granted subject to certain conditions -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint on the ground of jurisdiction - Suit for cancellation of sale deed - Jurisdiction of Civil Court to try suit barred u/s 331 of UPZA and LR Act, as such, plaint is liable to be returned for presentation before appropriate Court - Application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 500 gms opium - Bail - Recovery not commercial quantity - Investigation is complete - Petitioner not required for custodial interrogation - Trial would be concluded in due course of time - Contention that if bail is granted, then petitioner..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Death of plaintiff - One of the sons of plaintiff already substituted on the basis of Will - Petitioner is another son of plaintiff, who is seeking impleadment on the ground that property is ancestral property and he is a co-owner - Will in question has not been set aside till date -..........
Plot -- Cancellation of plot - Non payment of installments - Extension of time - Stage where petitioners could seek some more time to make defaulted instalments had already been over - High Court committed error by allowing such application without considering the merits of case and successive orders with regard to cancellation and rejection of request, for extending time..........
Criminal Procedure Code, 1973, Section 438, 439 -- Cancellation of anticipatory bail - Anticipatory bail can be cancelled only by the Court granting the same or by the higher Court either at the instance of Public Prosecutor or complainant on finding new material or circumstances at any point of time...........
Partition -- Suit for cancellation of sale deed - Jurisdiction - Since disputed property is admitted as agricultural land - Declaration of plot or recognition of ownership can be granted only by Revenue Court and not by Civil Court - Further, cancellation of sale deed is an ancillary relief to declaration of ownership - Hence, Civil Court has no jurisdiction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - On account of parity - Merely because some of co-accused whom similar role has been ascribed has been released on bail earlier and State has not moved higher Court against the order in question for cancellation, power of Court cannot be..........
