Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit can be withdrawn even at the stage of evidence...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At the stage of defendant's evidence - Suit is simpliciter for permanent injunction, thus it can be filed any number of times on recurring cause of action - More so, plaintiffs being masters of suit are at liberty to withdraw the same and it is power of Court to grant permission to withdraw from such a..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(u), 3(1)(v) -- Quashing of FIR - Offence u/ss 3(1)(u), 3(1)(v) of SC/ST Act - Alleged speech made by accused does not show that there is any attempt made by accused to promote or attempt to promote enmity, hatred or ill will against members..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 504 -- Quashing of proceedings - Offence u/ss 323, 147, 504 IPC - Compromise arrived at between parties - Dispute in question is private dispute - Proceedings quashed...........
Indian Penal Code, 1860, Section 304A -- Fatal accident - Rash and negligent driving - Accused drove the vehicle on the wrong side of road in a rash and negligent manner and dashed against the deceased - Evidence of father of deceased is corroborated with contents found in the complaint - Eye witness evidence and sketch report shows that accused went to wrong side and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Proclaimed offender who failed to associate with trial proceedings despite knowledge is not entitled to invoke inherent powers of High Court to seek quashing of criminal proceedings...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file comprehensive suit - Application for withdrawal of suit filed after completion of evidence and at the stage of hearing - Plaintiff has not pleaded that there is any formal defect in the suit or pleadings - She has not only to explain delay in filing application but at the same..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused admitted his guilt in social meeting but he finally refused to marry her - But prosecutrix did not make any complaint against accused and allowed him to make physical relationship with her - She made complaint only after engagement of accused for marriage with another girl - Therefore,..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Petitioner had right to file recall application in case order was obtained on basis of compromise by practicing fraud and compromise application was not filed by him...........
