Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Commercial quality - Allegations against petitioners are grave and serious in nature - Petitioners are foreign nationals - However, they do not have any immigration record of foreign..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Divorce petition - Both the parties are residents of USA - However, husband is claiming to be resident of place at `G' and `G' is the last place of residence of parties - Trial Court thus, has jurisdiction - Even, otherwise if trial Court lacks jurisdiction, said fact cannot be decided in an application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Triable issues arise in the case - Nature of agreement of sale cum General Power of Attorney (AGPA) as to its validity is in question - Therefore, only when validity and enforceability of AGPA is decided, rival contention of respondent can be determined - Suit cannot be rejected at the threshold..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Merely because one of parties in its pleadings (that too before a Court other than Court where subject suit is pending) alleges that other side deliberately enhanced valuation of suit to ensure that suit comes out of jurisdiction of concerned trial Court, it cannot be overstretched to mean that party making such..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 307, 324, 325, 326, 148, 149, 450 -- Suspension of sentence during pendency of appeal against conviction - Attempt to murder - Applicants `M' and `H' were the aggressors, who came to dhani of complainant late in the evening without there being any immediate provocation - Their intention..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Questions relating to starting point of limitation and reckoning date of knowledge of essential facts, which form basis of cause of action, would have to be held to be triable issues and a suit cannot be dismissed at the threshold or upon an application U.O.7.R.11(d) CPC in..........
Evidence Act, 1872, Section 112, 45 -- DNA test - Paternity of child - Divorce proceedings - Divorce petition filed against wife on the ground of adultery - Child is not a party to divorce proceedings - Therefore, child cannot be used as means to prove adultery if any committed by wife - Husband is at liberty to adduce other evidence to prove his case of adultery against..........
Bharatiya Sakshya Adhiniyam, 2023, Section 72 -- (Evidence Act, 1872, S.73) - Comparison of signatures by Court - Burden to prove disputed writing was squarely upon plaintiff - Stage to lead such evidence was when plaintiff's affirmative evidence was led and not at the stage of rebuttal - Plaintiff has already examined witnesses to prove writing - Having closed his..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Inordinate delay of 1489 days in filing appeal - Explanation furnished neither establishes a sufficient cause nor covers the entirety of delay which would justify condonation of an extraordinary delay - Vague assertions or generalized difficulties do not meet the statutory threshold - Application dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Statement of wife that she was not ready to live with husband is not a proof that she was not willing to live in the company of husband in his village, but it is a statement made in view of subsequent events, i.e. solemnization of marriage by husband with another lady, which stands..........
