Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - At the stage of bail, Court cannot minutely examine evidence on record...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife has deposed that she is very keen and desirous to live and stay with her husband all through her life and perform her duties - Desertion has not been proved before Family Court through concrete and tangible evidence - Divorce petition rightly dismissed...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Petitioner/surety was penalized without providing any rightful opportunity of hearing - No notice was served upon petitioner - By erroneously recording absence of petitioner despite notice, trial Court penalized him for an amount of Rs.30,000 which is not sustainable in law - Impugned order set aside..........
Mutation -- Writ petition against order passed in mutation proceedings - Maintainability - Orders of mutation are passed on basis of possession and since no substantive rights of parties are decided, ordinarily a writ petition would not be entertainable against such orders unless same are found to be wholly without jurisdiction or have the effect of rendering findings..........
Mutation -- Law as to: (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) they neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value on..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Defendants were not serious to pursue their cause and rather they were totally negligent - On account of non-appearance on three consecutive dates, ex-parte proceedings were drawn against defendants - Even, suit was not finally decided immediately and even thereafter..........
Indian Penal Code, 1860, Section 405, 406, 415, 417, 418, 420, 504, 506, 384, 120B, 34 -- Quashing of the FIR - In the absence of the element of criminality, if both civil and criminal cases are allowed to continue, it will definitely amount to abuse of the process of the Court, which the Courts have always tried to prevent by putting a stop to any such criminal..........
Indian Penal Code, 1860, Section 307, 148, 149, 326, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Applicability - As per Section 7A of the Act of 2000, the claim of juvenility may be raised before any Court at any stage of the proceeding and such claim is required to be determined in terms of the provisions of the Act of 2000 and rules made..........
Negotiable Instruments Act, 1881, Section 138, 142, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Dishonour of cheque - Transfer of complaint - Lack of territorial jurisdiction - Petitioner/payee of cheque wrongly instituted Complaint Case at Cuttack, who is incompetent to take cognizance, having no territorial jurisdiction to try offence u/s 138 of the N.I. Act..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Agricultural land - Issue raised in plaint pertains to sale deed being voidable - Civil Court thus, had jurisdiction to try suit and bar created by S.207 of Rajasthan Tenancy Act had no application - Application rightly rejected...........
