Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Victim being 16 years of age, though a minor, voluntarily left her home - Therefore, rigors to reject bail and reason to continue incarceration are reduced by mitigating factors...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Victim is a minor under 18 years of age - Neither accused could have taken her from her parents nor consented to sexual intercourse - Victim left her family of her own - Even earlier, victim had stayed out of her home for six days - Victim was bold enough to declare that..........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge - Accused is not debarred from praying for discharge u/s 245(2) Cr.P.C, merely on the ground that he chose not to challenge order issuing process upon him u/s 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 245(2), Indian Penal Code, 1860, Section 420, 120B -- Discharge - Cheating - Offence against company - Petitioner does not represent accused/company in any capacity and has no nexus with its administration, control and functioning - Whether a prima facie case has been made out against accused company in the complaint itself is beyond..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - Defendant sought adjournment because his advocate was tested Covid-19 positive - Advocate of defendant was admitted as an indoor patient and even after discharge from hospital, he was required to remain home quarantine - In such facts, Court below should have shown some sensitivity and should not have adjourned..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Trial Court acquitted accused and High Court convicted - High Court was of the view that PW 2, 3 and 5 can be believed - Unless it is held that view taken by trial Court disbelieving the witnesses is not a possible view, High Court ought not to have interfered with the acquittal recorded by trial..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree passed U.O.8.R.10 CPC for non filing of written statement within prescribed time - Not a case covered U.O.9.R.13 CPC - Court has no jurisdiction to set aside ex parte decree in a case which does not fall within four corners of O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree - Setting aside - Non filing of written statement within time - Death of defendant and L.R's impleaded - Refusal of prayer of substituted defendants to give them opportunity to cross examine plaintiff's witnesses on the date fixed for ex parte hearing of suit - No..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 413, 408, 406, 411, 120B, Information Technology Act, 2000, Section 43, 66, 66B, 66D -- Bail - Cheating - No specific allegation against petitioner - Petitioner has no criminal history - Keeping in view the nature of evidence, period of detention already undergone, unlikelihood of early..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and two minor daughters - Enhancement of - Husband was getting salary of Rs.17,000 in 2016 - Ailment which is being taken by husband and is stated to be one of factors of too much expenditure is a common and a regular ailment and apparently there is no proof of same being a serious ailment - Both the..........
