Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Illegal encroachment made by defendant on the street in question - Power exercised by Trial Court by appointing Kanungo Incharge of area as Local Commissioner cannot be stated to be illegal, perverse or against law, as report which will be submitted by Local Commissioner would assist the Court in properly..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere allegation made by husband that wife had threatened to lodge false criminal case involving allegations of character assassination of his father and also involving false allegation of illicit relationship between husband and his sister, no such allegation appears to have been..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Desertion suffered over long years in a young marriage, accompanied with harsh words spoken and complete lack of desire and effort on part of deserting spouse to cohabit as also lodging of criminal case alleging demand of dowry only after institution of divorce case by other spouse and..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Once it is proved that it was the husband who had turned out wife from matrimonial home that too by practicing deceit in making wife believe that parties would revive their matrimonial relationship subject to wife withdrawing from criminal case, desertion on the part of wife not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Trade mark - Restraining defendant from using trade mark, label and logo - Interim injunction granted on prima facie factual finding that colour of packaging material and photo, designs used in both the labels are similar and without detailed analysis, difference cannot be made out and that it can lead..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(10) -- Proceedings under SC/ST Act - Video recording - Even, a proceeding seeking registration of FIR would be covered by expression `any proceeding' used in Dr.Hema Suresh Ahuja case - Video recording hearing of Criminal Appeal allowed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250 -- Discharge - S.250 BNSS prescribes a period of sixty days to prefer an application by accused for discharge from the date of committal of case - However, in S.250(1) BNSS, word `may' is used which gives discretion to Court to relax the time limit - Therefore, even after expiry of sixty days, a petition for discharge..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 376(2)(n) -- Discharge - Rape - Specific case of prosecution is that accused maintained a love affair with victim on the promise of marriage and he subjected her to sexual intercourse twice repeating the said promise - Prima facie materials of prosecution would show that offence u/s..........
