Bharatiya Nagarik Suraksha Sanhita, 2023, Section 141(1)(b) -- Imprisonment in default of security - Court is only empowered to issue a warrant against accused, but not his sureties, who are only obligated to ensure that accused keeps up with his undertaking in bond and that he is produced before Court if ordered - Only action that can be taken against sureties is to..........
Partition suit -- Mesne profits - If a prima facie case is made out to take a view that plaintiff has share in property and defendant is deriving income from suit property to deprivation of plaintiff, then in such cases, Court as an interim measure can direct defendant in suit either to share or deposit profits derived from suit property subject to result of suit -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 18, Rule 17 -- Amendment of plaint - Recall of a witness - Once plaint schedule is amended, it would be very much essential for plaintiff to re-examine any witness and evidence adduced after re-examination which would assist trial Court in deciding main issue...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration in cheque - Issue as to whether the alterations made in cheque, which is subject matter of complaint, have been made at the instance of petitioner or at the instance of respondent, can be determined only after trial as the same is a question of fact which cannot be gone into..........
Specific Relief Act, 1963, Section 38, 39 -- Co-owners - Suit for permanent or mandatory injunction - Not maintainable against another co-owner, notwithstanding the fact that different co-owners may be in a separate actual possession of distinct portions - In such circumstances, the only appropriate and legally permissible course open to plaintiff was to seek partition of..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Re-appointment - Issue as to whether Local Commissioner's report is in accordance with law and can be relied upon or not - Proper course available to petitioner is to file objections to report of Local Commissioner rather than seek re-appointment of revenue authorities for conducting a fresh..........
Evidence Act, 1872, Section 102 -- Will - Burden to prove legality and validity of Will was casted upon defendants being the beneficiaries as per issue framed by trial Court - However, no prejudice was caused to defendants on account of an isolated observation made by Trial Court in its judgment and decree that onus to prove legality and validity of Will was upon..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 19, 20, 22 PWDV Act - Execution of orders - Magistrate directed to attach and auction immovable property of husband/JD that too situated outside the jurisdiction of Court - Magistrate could only issue a warrant for levy..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - O.1.R.10 CPC authorizes Court to add any party to suit at any stage of proceedings, whose presence is found necessary, in order to enable Court to effectively and completely adjudicate the issue involved...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Second petition U.O.21.R.58 CPC - First petition U.O.21.R.58 CPC was rejected - Second petition filed for same relief by same petitioner not maintainable, simply because after dismissal of first petition petitioner not challenged the order passed in said first petition - Order rejecting second petition cannot be said to be..........
