Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Accused was below 18 years of age as on date of incident - Although application for claim of juvenility has been filed subsequent to conviction order, but said application is maintainable - Conviction and sentence set aside - Accused acquitted...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Issues - Application filed to frame issue qua counter claim after final arguments were heard - Trial Court to frame an issue qua counter claim but defendant would not be at liberty to lead any evidence at this stage qua said issue and Court to decide the issue..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs on the basis of Will not probated - Probate would only reassert the title of executor - Executor can act even before probate is obtained - Contention of defendant/petitioner that unless and until probate is granted in favour of opposite party, she cannot continue to pursue the suit..........
Supreme Court Rules, 2013, Order 55, Rule 6 -- Inherent powers of Supreme Court - Modification/clarification petition - If abuse of process is noticed after disposal of case or if a modification is found essential to meet the ends of justice, Supreme Court would be justified in entertaining an application in a disposed of case and exercising its inherent powers...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15, 21, 25 -- Bail - Contraband - Non-commercial quantity - Accused are in custody since 27.8.2024 - Trial of case will take sufficient time to conclude - Rigors of S.37 of NDPS Act is duly satisfied - No useful purpose would be served by keeping..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Where material placed on record discloses grave suspicion against accused, which has not been properly explained, Court will be fully justified in rejecting application for discharge - Court is not to hold mini trial by marshalling the evidence...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - There is clear averments in FIR that marriage between accused and deceased has taken place - At the time of incident, deceased was residing with accused - Even otherwise, question as to whether deceased was legally..........
Civil Procedure Code, 1908, Order 6, Rule 17, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint/Petition u/s 12 of Act of 2005 - Amendment - Columns for monetary reliefs were inadvertently left blank in the complaint - Same was an apparent oversight and there was no reason why complainant should not be permitted to rectify the same - Moreover,..........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Partition suit - Defendant no.1 sought to produce original bank passbooks and bank statement of defendant no.1 and defendant no.2 - Trial Court exceeded its jurisdiction to deny leave to produce said documents on record by recording a finding that authenticity and genuineness of documents seem..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution - Third party objections - SSC suit for eviction - When petitioner claimed that property in question had been purchased by her from its previous owner through a registered sale-deed, she had locus standi to claim that she had the right to resist her ejectment through execution proceedings instituted for..........
