Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Additional substantial question of law - High Court is entitled to formulate an additional substantial question of law for reasons to be recorded if High Court is of view that case involves such a question of law...........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
Civil Procedure Code, 1908, Section 100, Evidence Act, 1872, Section 67 -- Second appeal - Introducing S.67 at the stage of second appeal does not merely raise a new legal argument - Rather it creates an entirely new case for the plaintiffs...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit lands cannot be said to be coparcenary property of plaintiff - Those are coparcenary property of her mother - But mother is not coming forward claiming partition - Plaintiff has not acquired any birth right - Therefore, there is no unobstructed..........
Civil Procedure Code, 1908, Section 24 -- Transfer of domestic violence complaint - Husband sought transfer of domestic violence complaint to be heard along with divorce case filed by him - Where proceedings between same parties involving common questions of fact and law are pending before different Courts in close proximity, it is desirable that they be tried together by..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(u), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(u) SC/ST Act - Quashing of proceedings - Alleged incident of insulting and humiliating complainant did not occurred in public place - No substantial material found to attract S. 3(1)(u) SC/ST Act, therefore proceedings..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 77, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 77 JJ Act - Quashing of proceedings - Neither allegations related to S.77 JJ Act is corroborated by medical or psychological evidence nor allegation is sufficient according to written complaint and statement u/Ss. 161 and 164 Cr.P.C -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(1) -- (Criminal Procedure Code, 1973, S.167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.36-A(4), 21, 29 - Default bail - Merely because petitioners are alleged to be habitual offenders, that would not disentitle them for grant of statutory bail...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(1) -- (Criminal Procedure Code, 1973, S.167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.36-A(4), 21, 29 - Default bail - Offences for which petitioners have been charged are punishable with imprisonment for a term which may extend upto 10 years, there being no minimum of 10 years - Merely because..........
