Civil Procedure Code, 1908, Order 26, Rule 9, 10, 14 -- Local Commissioners Report - Law as to : (i) Court can set aside Commissioners Report if it is totally dissatisfied with the Commission report; (ii) Court can also remit commission report for further inquiry; (iii) Court can also appoint a fresh commission without setting aside the earlier commission report; (iv)..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33, 4, 8 -- Offence u/ss 4 & 8 of POCSO Act - Recall of victim for cross-examination - Adjournment sought for cross examination of victim which came to be rejected and cross examination of victim was taken as `nil' - Trial Court ought to have given one more..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint not clearly demonstrating when cause of action arose - Plaint rejected...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution proceedings - Rent control appeal is pending at the stage for condonation of delay for more than two years - There is no stay by Appellate or Revisional Forum - Since order of delivery of property was passed nine months ago and landlord is not able to get delivery of property, question of granting stay of..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Bar u/s 33(5) of POCSO Act - Victim is now aged about 22 years though she was below 18 years at the time of incident - For the purpose of S.33(5) of POCSO Act, relevant age is age at the time of examination of witness - S.33(5) POCSO Act..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim - Mere fact that accused was given sufficient opportunity to cross-examine witness and witness had gone into swoon during cross-examination shall not be grounds to deny a fair trial to accused - Application allowed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - S.438(1) Cr.P.C. applies not only at post FIR stage, but it does not require that offence must have been registered - It is contemplated by said section that if a person is going to apply for anticipatory bail, he must have a reasonable belief that he may be arrested on accusation of having committed a..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused has failed to explain as to how he has reasonable belief of being arrested by police - Law does not permit to knock at the door of Court for grant of anticipatory bail on merely vague assertions in the absence of any relevant material - Anticipatory bail rejected...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Challan presented within time but cognizance not taken as challan filed was being empty formality - Accused entitled to statutory bail...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - It is discretion of Magistrate to direct complainant to examine witnesses instead of directing an investigation - However, discretion cannot be exercised arbitrarily...........
