Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - At the instance of wife - While considering transfer of matrimonial case at the instance of wife, Court is to consider family condition of wife, custody of minor child, economic condition of wife, her physical health and earning capacity of husband and most important, convenience of wife i.e she..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 295A -- Bail - Offence u/s 295-A IPC - Admittedly, petitioner is ailing and is suffering from bipolar disorder and schizophrenia from year 2017 onwards - In view of her mental condition, it would be a matter of adjudication during trial as to whether she had necessary mens rea to commit offence in..........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Landowners cannot claim rehabilitation as a condition precedent for either dispossessing them from acquired land or for upholding validity of acquisition proceedings neither can Court pass such directions given legislative scheme of the Act...........
Service -- Cancellation of candidature on account of furnishing incorrect information - Different language used in application form than what is used in OMR sheet - However, there is condition that language in application form shall be used for purpose of OMR examination for the reason that in case any dispute arises in respect of identity of candidate, same can be..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No condition imposed while allowing anticipatory bail to accused that in future accused will not involve in any other criminal case - Therefore, it cannot be said that accused has violated any condition imposed by Court - Application u/s 439(2) Cr.P.C for cancellation of bail rejected...........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Mental disorder of prosecutrix - Prosecutrix was not examined before trial Court - No expert evidence on record to establish that prosecutrix was suffering from schizophrenia, a mental disease at the time of alleged offence of rape - Mere statement of police officer about mental condition of prosecutrix is not any way..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 61, 62, 63 -- Confiscation - Recovery of 4 kg 200 gm poppy husk along with amount of Rs.4,91,100 - Death of accused during pendency of trial - Trial of case abated and accused was survived by wife and two small children - Condition of abatement does not squarely fall in any of provisions u/ss 60, 61, 62, 63..........
Evidence Act, 1872, Section 65 -- Secondary evidence - There is no specific provision for filing an application to seek permission to lead secondary evidence - However, party seeking permission to lead secondary evidence has to explain the absence of primary evidence as a pre condition before leading such evidence, which can be given at any stage before or when evidence is..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Tenant not pleaded in the plaint that original Rent Note is with the landlord - It is immaterial as tenant while seeking permission to lead secondary evidence has to explain the absence of primary evidence as a pre condition before leading such evidence, which can be given at any stage before or when evidence is being..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Condition to pay Court fee not complied with - Plaintiff failed to make prayer for extension of time - On the contrary, defendants asked for deletion of amendment which was sought by plaintiff - Court rightly allowed the application - High Court declined to extend the period as order of paying Court fee..........
