Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest must be communicated to accused in writing - Law as to: (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC/BNS; (ii) grounds of arrest must be communicated in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 485 -- Surety bond - Petitioner was set at liberty by co-ordinate Bench imposing condition to furnish surety within 15 days from his release - Merely because it is offered on 15th day, does not mean that he would not be entitled to benefit of order of Co-ordinate Bench - Petitioner released from prison with all conditions..........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Order striking off defence - Order recalled subject to payment of cots - Costs accepted - Once plaintiff accepted the costs, he is estopped from challenging said order allowing application u/s 151 CPC - Order allowing application u/s 151 CPC upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 18, Article 21 -- Rejection of plaint - Barred by limitation - Recovery suit - Acknowledgment of debt - Loan was advanced on 13.11.2015 and limitation period of three years prescribed u/art 21 of Limitation Act expired much prior to alleged acknowledgement dated 30.7.2020 - Acknowledgment of debt..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Restoration of suit dismissed in default - Non revealing of source of information regarding dismissal of suit - A litigant who does not state exact date of knowledge and source of knowledge regarding passing of an order, and in cases where there is no other material found from record to arrive at a conclusion regarding..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Plaintiff is not disclosing his source of information and date of knowledge about impugned order from whom he found that suit is dismissed for default - Therefore, Court can draw an inference that plaintiffs had knowledge..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Claim of compensation was for crores of rupees - Merely on basis of photocopies of documents placed on record by respondent, Commission has committed an error in awarding huge amount of compensation of Rs.2,00,00,000 which cannot be justified - Even discrepancies in photocopies..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Summoning of additional accused - Offence u/s 498-A IPC - Allegations of cruelty and harassment in connection with alleged monetary demand attributed with clarity and consistency to husband and father-in-law - However, no specific overt act, date, instance, conversation or independent..........
Guardians and Wards Act, 1890, Section 25 -- Custody of children - In matters of custody, paramount consideration is welfare of children but nonetheless there are a host of other factors which weigh before Court while passing final order of custody which may include the conduct of parties, their financial capacity, their standard of living, as well as comfort and education..........
Guardians and Wards Act, 1890, Section 25 -- Custody of children - Petition by husband - Wife had travelled and moved minors to India without consent of father, who was guardian and without obtaining original passports from him but rather by procuring fake or duplicate or fresh passports while original already existed for travel purposes - However, High Court while..........
