Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - On parity basis - Accused and co-accused were apprehended while they were carrying the contraband - Co-accused has already been granted bail - Accused is at par with co-accused and his further custody will not serve any meaningful purpose -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Marriage of parties was solemnized on 29.4.2008 and both the parties are living separately since 7.5.2008 - There is more than 16 years separation between the parties and there is no child from this marriage - Marriage between parties is a dead marriage - If both the parties are not granted divorce, it will amount to..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption from attachment - DH unable to show that JDs are owners of more than one house - Court rightly granted exemption from attachment on the ground that house in question is the only residential house of JDs...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of subsequent suit - Where plaintiff had specifically reserved its rights in the first suit regarding his claim and further applied for leave before trial Court for filing a separate suit, which leave had been granted and when both the causes of action..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties have not lived together for more than 43 days - Wife left matrimonial house within first month of marriage - Period of separation has been more than 22 years - Mediation and conciliation proceedings have failed - Parties have fought multiple legal battles against each other..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
Guardians and Wards Act, 1890, Section 12 -- Interim custody of child - Claimed by father - Child is uncomfortable in the presence of father and starts crying - He is 8 years old and taking note of his tender age, interim custody of child cannot be granted to father - Suggestion of father that child be sent to visit paternal grandparents also not acceptable - Perhaps, some..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 323, 506, 147, 148, 212, Arms Act, 1959, Section 25 -- Bail - Murder - Accused has suffered incarceration of 2 years, 9 months and 28 days - No injury has been attributed to accused on the person of complainant - Co-accused has already been granted bail - Conclusion of trial will take a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Challan stands presented and charges are yet to be framed - Trial is prolonged and likely to take long time, as out of 13 PWs none has been examined - Accused already suffered sufficient period in custody and is not involved in any other case..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties have been residing separately since 2008 - Wife did not resume co-habitation despite decree of restitution of conjugal rights passed against her in 2013 till date of filing of divorce petition - It is not her case that any events happened after passing of decree for..........
