Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - High Court was not right in dismissing petition by giving a finding on novation of Share Purchase Agreement between parties - Said aspect would have a bearing on merits of controversy between parties - It must be left to Arbitrator to decide on said issue also - Impugned order set aside -..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Skelton of deceased was found wrapped in cloth - Though skeleton was sent to Forensic examination but no DNA profiling was made - Evidence regarding identification of dead body of deceased is not conclusive - Prosecution has not explained discrepancies in the investigation of case - Pair of anklet was found and seized..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Accused is willing to appear and join trial proceedings - Objective of S.82 Cr.P.C to secure presence of accused, has been achieved - Order declaring accused as proclaimed offender set aside - Accused is directed to surrender before trial Court...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Suit for Restitution of conjugal rights - Earlier suit for restitution of conjugal rights filed by husband was dismissed as not pressed in absence of a valid marriage - Husband not entitled to file a fresh suit on same set of facts for restitution of conjugal rights - Subsequent suit for restitution of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 328, 120B -- Bail - Rape - High Court while allowing bail application has not taken into consideration relevant aspects which are required to be kept in mind - Considering fact that charge sheet has already been filed, accused is already charge sheeted and relevant material is also now a..........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Deposit of 75% of bid amount beyond 15 days - Delay in depositing 75% of bid amount by four days in no manner would frustrate rights of parties inter se, particularly when conduct of borrowers in getting extension orders on two different occasions and still not depositing amount of Rs.6 lakhs as per..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Partition suit - Defendant was engaged in treatment of his son who died subsequently - Whenever defendant was free, he participated in proceedings - It cannot be said that defendant remained inactive - Defendant had adequate and sufficient reason for not appearing before Court - Ex parte..........
Criminal Procedure Code, 1973, Section 428 -- Set off - Benefit of set off u/s 428 Cr.P.C can be invoked only if detention is undergone by convict during investigation, enquiry or trial is in `same case'...........
Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Award of Lok Adalat passed without affording opportunity of hearing to petitioner - In the absence of following prescribed procedure as specially provided u/s 22-C(7) of the Act order of Permanent Lok Adalat is vitiated and set aside...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction of daughter-in-law - Father-in-law is residing in another house with his other son - There was no interference on the part of daughter-in-law with life and liberty of father-in-law - Proceedings initiated by father-in-law being non-bona fide cannot be permitted to be continued any..........
