Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - Powers of High Court - High Court in exercise of power u/s 24 CPC can transfer an application filed u/s 12 of PWDV Act before Magistrate Court to Family Court - However, Court has to be judicious and careful in exercising power of transfer for the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - At the instance of husband - If conflict of judgment on same facts and between same parties is the sole ground of transfer, every transfer petition filed by husband will have to be allowed by Court making choice of wife to Magistrate meaningless -..........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Maintainability - First anticipatory bail application was dismissed as withdrawn - Therefore, there is no bar in entertaining subsequent anticipatory bail application...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where a Court considering an application for bail fails to consider relevant factors, appellate Court may justifiably set aside the order granting bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is presumption of non-application of mind which may require the intervention of Supreme Court...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata is applicable not only between plaintiff and defendants but also between co-defendants...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Co-defendants - In applying the principle of res judicata between co-defendants, primarily three conditions are necessary to be fulfilled namely: (a) there must be a conflict of interest between co-defendants; (b) there is necessity to decide the said conflict in order to give relief to plaintiff; and (iii) there is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier title suit dismissed without adjudication of any rights of plaintiff over suit land vis-a-vis cantonment Board - Issue in present title suit was neither directly or indirectly in issue in the previous suit and there was no conflict of interest between co-defendants in the previous suit, which if any, never..........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 495 -- Jurisdiction of Court - Court within whose jurisdiction first wife has taken up permanent residence after commission of offence punishable u/ss 494 or 495 IPC, has jurisdiction to try the offence...........
