Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 10 -- Writ petition - Maintainability - Petitioner has sought declaration of her right, title and apportionment of her share as being the daughter of the deceased owner of the property - Therefore, until her rights are determined in the Civil Court, parallel litigation in the name of challenge to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking..........
Criminal Procedure Code, 1973, Section 340 -- Proceeding u/s 340 Cr.P.C. - Where Court forms an opinion that an offence refereed to S.340 Cr.P.C. has been committed, Court may dispense with the preliminary inquiry - Even after forming an opinion as to offence which appears to have been committed also, it is not mandatory that a complaint should be filed as a matter of..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Civil imprisonment - Executing Court is required to issue a show cause notice calling upon JD to appear and to show cause as to why he should not be put into civil prison - However, Court can dispense with issuance of notice when Court is satisfied by an affidavit or otherwise that with the object..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Until and unless ex parte decree is set aside by a competent Court of jurisdiction in an appropriate proceeding, first appellate Court should not have disturbed or interfered with valuable rights of appellant which stood crystallized by ex parte decree without opening of whole case for..........
Civil Procedure Code, 1908, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 34, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 1(4) -- Debt recovery proceedings - Jurisdiction of civil Court - Civil Court has no jurisdiction to entertain proceedings u/s 13 R/W..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Law as to : (i) Concurrent and co-extensive jurisdiction conferred both upon High Court and Court of Session to cancel bail already granted to an accused; (ii) Aggrieved person can approach High Court for cancellation of bail already granted to an accused despite his application for the same relief..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Civil suit for possession/ejectment - Rent Act made applicable during pendency of suit - Right of parties stand crystallised on the date of institution of suit and therefore law applicable on the date of filing of suit continues to apply until suit is disposed of or adjudicated - If during pendency of suit, Rent Act..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- High Court Rules and Orders, Volume I, Chapter I - Local Commissioner - In suit for possession/Hadd Skhini, Local Commissioner did not fix pucca points in accordance with norms - In case of dispute of land falling with jurisdiction of Civil Court, it is always desirable that enquiry be made on spot...........
Civil Procedure Code, 1908, Section 100, Companies Act, 1956, Section 10F, 397, 398 -- Company Petition - Lease of Industrial Plot - Jurisdiction - There is no provision in S.10F of the Act which is akin to provisions contained in S.100(4) CPC - No case for winding up is made out so as to justify the exercise of powers u/ss 397, 398 of the Act by CLB, would hardly require..........
