Hindu Marriage Act, 1955, Section 13 -- Divorce proceedings - Settlement - Once the issue is settled before Court and after Court records settlement of parties, merely because husband remarries, wife cannot call in question settlement itself on whatsoever ground except, it being a fraud...........
Criminal Procedure Code, 1973, Section 451 -- Release of muddamal (Gold bar) - Court or Police would not be required to keep article in safe custody and if proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before Court during trial - Gold bar directed to be released on condition of furnishing..........
Criminal Procedure Code, 1973, Section 360, 361 -- Benefit of probation - If trial Court is of opinion that order to release on probation is not advisable, trial Court has to assign reasons for non-giving the benefit of probation...........
Criminal Procedure Code, 1973, Section 360(4) -- Benefit of probation - Benefit as per S.360(4) Cr.P.C can be awarded by appellate Court or by High Court while exercising its power of revision...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360 -- Offence u/s 498-A IPC - Benefit of probation - Domestic dispute between parties wherein accused is alleged to have harassed his wife due to non-satisfaction of demand of dowry - Petition is pending since 2007 and accused was 23 years of age at the time of offence - No evidence that accused..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - While summoning of accused who resides outside the jurisdiction of Court in terms of S.202 Cr.P.C, it is obligatory upon Magistrate to inquire into a case himself or direct investigation be made by a police officer to such other officer for finding out whether or not there is..........
Constitution of India, 1950, Article 217 -- Appointment of High Court Judge - Eligibility - Constitution does not provide prohibition for lawyers practicing in Supreme Court to be appointed as a Judge of High Court...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 540 -- Summoning of witnesses - Court has unfettered powers to exercise its jurisdiction u/s 540 of J&K Cr.P.C at any stage of proceedings, even after the conclusion of trial before passing of final judgment...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 540 -- Summoning of witnesses - Examination of two witnesses is essential for just decision of case - Trial Court while declining prayer of complainant to examine such witnesses has not assigned any reason - Impugned order set aside - Application allowed...........
Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Urgent interim relief sought - Order of return of plaint for non compliance of S.12-A of Commercial Courts Act - Impugned order set aside - Court directed to number the suit and consider interim application...........
