Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023 S. 348) - Recall of witness - Unless there are valid and sufficient grounds for ordering the examination or recall and re-examination of the witnesses concerned, the court shall be loath in restoring to the procedure envisaged u/s.311 Cr.P.C...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Misdescription of property - It is a fundamental defect rendering suit not maintainable - Court cannot enter into merits of case after holding of misdescription of property - First Appellate Court rightly held that observations of trial Court regarding title and possession of either of the parties would not operate as res..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of mandatory notice u/s 80 CPC, S.280 of Maharashtra Zilla Parishads Act and S.180 of Maharashtra Villages Panchayat Act before filing of suit - Provisions of S.280 of Zilla Parishad and S.180 of Village Panchayat are not analogues to S.80 CPC and under both the Acts there is no provision..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Court not to grant regular bail or anticipatory bail on the basis of any accused or his/her family members giving an undertaking to deposit a particular amount - Plea to be decided strictly on merits in accordance with law - High Courts or trial Courts directed not to pass a conditional..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Directions issued: (i) No trial Court or any of High Courts shall pass any order of grant of regular bail or anticipatory bail on any undertaking that accused might be ready to furnish for the purpose of obtaining appropriate reliefs; (ii) High Courts as well as trial Courts shall decide..........
Interpretation of statue -- Where statutes in pari materia serve a common object in absence of any provision indicating to contrary, it is permissible for a Court of law to ascertain meaning of provision in the enactment by comparing its language with the other enactment relating to same subject matter...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 247 days in filing second appeal - Defendant filed second appeal against judgment and decree passed by first appellate Court with a delay of 247 days - No doubt, if delay is condoned, same will cause some hardship to plaintiff - Therefore, same has to be compensated by way of imposing costs of Rs.5,000..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - If a legal proceeding is pending in a civil, criminal or a family court, aggrieved person has a right to seek relief u/ss 18 to 22 of the Act and this relief shall be in addition to and along with other relief that such aggrieved person may be seeking in..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - Order passed by trial Magistrate - Appeal thereagainst - Such an order can be assailed in the manner as provided under Code of Criminal Procedure or Family Court Act, as the case may be, and not in the manner as provided under D.V. Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of Cheque - Territorial jurisdiction - Complainant got his bank account transferred from place `B' to place `M' - Cheque presented for collection at place `B' for the purpose of crediting his account at place `M' - At the time of presentation of cheque complainant maintained his account at place `M' as..........
