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..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Can be raised before any Court and has to be recognized at any stage even after disposal of case...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Appellate was 16 years 2 months and 3 days on the date of commission of crime - As per the Act accused to be a juvenile should have not completed 18 years of age on date of commission of offence - Appellant was therefore a juvenile on the date of commission of crime -..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Grant of 12,000/- p.m. which was later enhanced to Rs.33,000/- p.m. payable from the date of filing of application - In appeal the amount was enhanced to Rs.1,00,000 per month - Plea that wife is capable of earning - While capacity to earn may be a relevant factor, it..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Plea of res judicata cannot be decided merely on assertions made in the application seeking rejection of plaint...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in plaintiff's ownership and possession - Plea of plaintiff that partition had taken place in the year 1970 and suit land had fallen to their share not supported by any document - However, defendants have placed on record Khasra Girdawari issued in the year..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Must be pleaded and proved in a specific manner - This may even require production of two plaints on which plea of res judicata is based - There are several defences available to a party when faced with a plea of res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Since an adjudication of plea of res judicata requires consideration of pleadings, issues and decision in the previous suit as such plea of res judicata is beyond the scope of O.7.R.11 CPC where only averments in the plaint have to be perused...........
Will -- Suspicious circumstances - First Appellate Court did not provide an opportunity to appellant to explain suspicious circumstances surrounding Will - Propounder of Will was successful in proving execution of Will - In the absence of any specific challenge in the suit regarding genuineness of Will, First Appellate Court could not have entertained the plea of..........
Will -- Suspicious circumstances - Should be specific and not vague or in a general manner - In the absence of any specific challenge in the suit regarding genuineness of Will, First Appellate Court could not have entertained the plea of suspicious circumstances...........
