Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(3) -- (Criminal Procedure Code, 1973, S.41-A) - Notice of appearance before police officer - S.35 does not empower police to summon or question a person without registering any case against him - It only specifies circumstances under which a Police Officer may arrest a person without a warrant...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Offence u/s 307 IPC cannot be ascertained merely on basis of injuries only...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Recovery of two empty cartridges of 315 bore from place of occurrence and a country made pistol along with a live cartridge of 315 bore was recovered from accused `R' while searching him by Police officials - Accused `R' stated to Police that two rounds firing was made by him but no one injured - Other evidence..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If a plaint has missing or deficiency of facts on basis of which a given cause of action intended to be agitated can be said or assumed to be constituted, then a plaint is rejected on Court's own indulgence or on asking of a defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If the facts put up in a factual statement in plaint are presenting or introducing a cause of action, then a civil Court has no discretion reserved to it to reject such a plaint by borrowing outside reference, howsoever persuasive it may be, from defendant's end to discredit a plaint and factual..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Application U.O.12.R.6 CPC dismissed for default - Subsequent application filed U.O.12.R.6 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Pendency of an application U.O.9.R.13 CPC does not by itself operate as a stay of execution of decree - Unless executing Court or appellate/revisional Court specifically stays execution proceedings, DH is entitled to pursue execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - When operation of specific orders directing furnishing of bank guarantee and issuing conditional warrants of arrest were passed, there was no blanket stay granted on continuation of execution proceedings - Executing Court, therefore, was fully competent to proceed further with execution and to issue..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Once an application for stay U.O.39.Rr.1,2 CPC is filed along with appeal, it is incumbent upon Appellate Court to decide the same expeditiously, particularly where allegations of interference and breach of peace are raised...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Application pending before First Appellate Court since 2019, yet no decision has been rendered till date - Appeal has been adjourned from time to time merely on the ground that arguments are not being addressed, resulting in undue delay and prejudice to petitioners - Inaction of appellate Court for such..........
