Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence; (b) It is..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue with regard to validity of Will - Where trial Court as well as first Appellate Court has discussed entire evidence led by defendants in order to prove Will in question and have devoted major part of their discussion on this aspect, merely because Courts did not frame proper issue with regard..........
Constitution of India,1950, Article 226 -- Writ - Public Interest litigation - Bribery scandal affecting District judiciary - Direction to lodge criminal case - Discretion to lodge criminal case is only given to Hon'ble Chief Justice as per two judgments of Apex Court - Since enquiry proceeding has already been completed, probity lies to request Hon'ble Chief Justice to..........
Armed Forces Tribunal Act, 2007, Section 34 -- Transfer of pending cases - Provisions of intra Court appeal whether by way of Letters Patents or special enactment is a system that provides for correction of judgments within High Courts where a judgment rendered by a single judge may be subject to challenge before a Division Bench - There cannot be a situation where an..........
Civil Procedure Code, 1908, Section 152 -- Amendment of judgments, decree or orders - S.152 CPC is based on two principles: (i) act of Court should not prejudice any party and (ii) Courts have a duty to see that their records are true and represent correct state of affairs...........
Civil Procedure Code, 1908, Section 152 -- Amendment of judgments, decree or orders - Power u/s 152 CPC is not power of review - Omission which is sought to be corrected if goes to merits of case is beyond the scope of S.152 CPC - It cannot modify, alter or add to terms of its original judgment, decree or order...........
Right to Information Act, 2005, Section 2(f), 8, Constitution of India, 1950, Article 226, 227 -- Evaluated answer books - There is no option for University to supply evaluated answer scripts to applicant under provisions of RTI Act, 2005 - When evaluated answer books are constructed as an information, the same cannot be denied and therefore, applicant is entitled to get..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Complaint u/s 498-A IPC - Jurisdiction - 2019(2) Apex Court Judgments 344 (S.C.) : 2019(2) Criminal Court Cases 578 (S.C.) followed, wherein held : Courts at the place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by..........
Practice and procedure -- Remarks against Presiding Officer - Remarks against judicial officers should normally not be passed in judgments - Judgment may be right or wrong, but Higher Courts should not pass scathing remarks against Presiding Officer of lower Courts only because they did not agree with point of view of trial Court...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Offence u/s 498-A IPC - Jurisdiction - Place where wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint..........
