Guardians and Wards Act, 1890, Section 9, 12, 25(1), Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of minor child - Jurisdiction - Petition, in case of guardianship of minor, is to be filed in the Court under whose territorial jurisdiction the minor, ordinarily resides - If such application relates to property of minor there are two fora and applicant..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Contention that while deciding application u/s 65 of the Act, relevance of document cannot be examined, cannot be accepted inasmuch as, Court is not expected to decide application mechanically without looking into facts and purpose for which documents as secondary evidence are sought to be produced...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Dismissal on the ground of delay - Revision against order taking cognizance in Corruption case was dismissed on the ground of delay of 5 years in challenging said order - Though there was delay of 5 years in challenging order, however, High Court could have examined revision on merits rather than dismissing same on..........
Punjab Agriculture Produce Markets (General) Rules, 1962, Rule 29 -- Market fee - Assessment order - Exemption under R.29 of Rules - In the instant case, Courts below have set aside the order of assessment passed by Market Committee on the ground that it has no jurisdiction to pass assessment order with regard to purchase made by plaintiff - However, Courts below have not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed question of fact cannot be adjudicated upon by High Court in exercise of power conferred u/s 482 Cr.P.C - Only prima facie case is to be seen...........
Criminal Procedure Code, 1973, Section 482 -- Registered sale deed executed under threat and coercion - Quashing of proceedings - Subsequently civil proceedings initiated to set aside sale deed - At times same facts may give rise to remedies both in civil and criminal law - Proceedings in the instant case cannot be quashed as not a single paisa was actually received by..........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Inspection of suit property by Court - Remand of case - Both lower Court and Lower Appellate court have powers to inspect property by invoking O.18.R.18 CPC, apart from taking photograph and videograph of place in question - Lower Appellate Court ought not to have remanded matter to Lower Court, instead case could have been..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Appellate Court is not required to minutely assess merits of appeal and find out such special reasons - It is for accused to point out to appellate Court special circumstances, if any..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Accused had to mentioned in application any special reasons for exempting her from making deposit of amount u/s 148(1) of the Act - It was only mentioned that cause of action for filing..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Order granting bail can either be challenged on merits before higher Court or same can be cancelled u/s.437(5) or S.439(2) Cr.P.C. on consideration of relevant factors of misuse in indulging in similar criminal activity, interfering with course of investigation, attempts to tamper with..........
