Protection of Children from Sexual Offences Act, 2012, Section 33(1), Criminal Procedure Code, 1973, Section 10(3) -- S.10(3) of the Code provides that Sessions Judge may make provision for disposal of any urgent application in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Defendant purchased demarcated portion of land from plaintiff No.2/co-sharer and obtained a sanction plan from local Gram Panchayat for construction in said portion - Admittedly, defendant after purchasing said portion of land raised construction over..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Leave to deliver - Interrogatories relevant for the purposes of disposal of suit and answer to the same may help the plaintiff in discharging the onus placed on plaintiff of some of issues - At the stage of administering interrogatories, Court is not to examine the parties - Inquiry is limited to ascertain..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of appellate Court - Has to state the reasons for the decision - Absence of analysis not only evinces no, application of mind but mummifies the core spirit of judgment - In the instant case, High Court while affirming the judgment of trial Court, has really not ascribed any reason - There has been no analysis of..........
Agreement to sell -- Concept of suspicious circumstances - Applicability - Concept of existence of suspicious circumstances as ground to set aside an instrument of disposal of property, is not applicable in case of an agreement to sell - Rather this concept is applicable only qua the instrument of `Will', where the instrument takes effect after death of executant...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Marital status in dispute - Until and unless Court decides that marriage is void, there is presumption that marriage is valid for the purpose of deciding application for maintenance pendente lite - Husband is bound to maintain wife pending disposal of main original petition...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 86 -- Trial of offences against children - Direction issued by High Court for compliance by Subordinate Courts : (a) All cases pending before the Children's Court, where the proceedings are not concluded shall be transferred to the Magistrate Court concerned as provided u/s 228(1)(a) Cr.P.C. for trial..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff during pendency of appeal - Judgment and decree passed in said appeal without taking note of death of plaintiff is admittedly against a dead person and a nullity - Impugned order of first appellate Court set aside - Case remanded to Lower Appellate Court for disposal afresh in accordance with law...........
Land Acquisition Act, 1894, Section 11A -- Award - Limitation - Stay on acquisition proceedings and dispossession - Dismissal in default - Whenever a petition is dismissed in default and stay is vacated, restoration of petition does not result in restoration of stay order - Nothing is on record to infer that while restoring the writ petition, Court intended to continue..........
Hindu Marriage Act, 1955, Section 24, 13 -- Maintenance pendente lite - Remains payable till divorce petition is disposed of - Benefit of interim maintenance is not available after disposal of divorce petition...........
