Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Kidnapping - Victim has clearly exonerated accused and even her brothers have stated nothing against accused in their statements during the trial of case - Prima facie accused has been able to rebut the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Application filed after lapse of five years from filing of suit at the stage when suit was pending for cross examination of DW2 and to prolong the proceedings - Trial of case is going to be closed and suit is now ripe for arguments - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objections - Execution of decree for execution of registered sale deed - There is no attachment of property - Application U.O.21.R.58 CPC, not maintainable...........
Commercial Courts Act, 2015, Section 15, 16 -- Written statement - Applicability of the Act - Time schedule available for submitting written statement under the Act may not have any application pertaining to a written statement submitted before regular civil Court before transfer...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time - Challan presented without FSL report - Reason for extension explained in the final report that FSL report had not been received - Provision of S.36-A(4) of NDPS Act insofar as the requirement of a report being made by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While considering prayer of an accused for quashing of proceedings in exercise of power u/s 482 Cr.P.C, where chances of conviction of accused is bleak, delay in approaching Court may not be a ground for rejecting application if High Court is satisfied that allowing proceedings to continue will be an..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While considering prayer of an accused for quashing of proceedings in exercise of power u/s 482 Cr.P.C, where chances of conviction of accused is bleak, delay in approaching Court may not be a ground for rejecting application if High Court is satisfied that allowing proceedings to continue will be an..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304, 379, 511, 201, 34 -- Quashing of proceedings - Offence u/ss 304, 379, 511, 201, 34 IPC - Petitioner had been arrested and released on bail during investigation - NBW was issued against petitioner, as he did not appear in case on a subsequent date - Petitioner remained at large for 10 years -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in the plaint if taken and proved to be correct in its entirety on trial of suit, would undoubtedly result in granting reliefs prayed for by plaintiffs - Plaint discloses a real cause of action - Application U.O.7.R.11 CPC rightly rejected...........
