Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time for completion of investigation or extension of remand - Notice and opportunity of hearing not given to accused - Constitutional right of accused to have fair opportunity to defend was taken away - Legality or otherwise of order of extension of period would also be taken note of while..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Court Commissioner - Objection - Once the Commissioner has submitted its report with regard to status of property along with color photographs there is no reason for trial Court to again refer the matter to Commissioner for mentioning of khasra number in its report - Order allowing objection set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Amendment of plaint - Agreement to sell - Suit for injunction filed before the target date - After the target date amendment of plaint sought claiming relief of specific performance - Suit for specific performance cannot be said to be barred by the principle of O.2.R.2 CPC - Suit..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Nature of dispute pertains to tenancy dispute, permanent injunction and suit for eviction - Property in question is under dispute between plaintiff and respondent no.2 - Any order in respect of such property will definitely affect respondent no.2 - Respondent no.2 rightly impleaded...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration - Matter of Court fee is between plaintiff and Court and in case at the time of final adjudication if Court fees is found to be deficit, plaintiff can always be asked to make good the Court fees - Trial Court committed error by treating suit in question for..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Granted with conditions : (i) Deposit of fine amount of Rs.One lakh; (ii) Surety of one lakh; (iii) Two bail bonds of Rs.Fifty thousand each - Bail granted with excessive conditions amount to refusal to grant bail - Bail order modified - Bail to continue but conditions for..........
Criminal Procedure Code, 1973, Section 438, 82, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - A person against whom a warrant is issued and is absconding or concealing himself in order to avoid execution of warrants and proceedings u/s 82 Cr.P.C. initiated against him, is not entitled to relief of anticipatory bail...........
Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - Petition to execute an order granting maintenance allowance can be filed before Court which passed it and order can be enforced by any Family Court within whose jurisdiction respondent is or whereto, he had shifted `his stay' on account of his change of..........
Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - An order granting monthly maintenance allowance or monthly allowance for interim maintenance may be enforced by any Magistrate within whose jurisdiction respondent may be, provided Court is satisfied about identity of parties and non payment of..........
