Practice and Procedure -- Compliance of an order under threat cannot take away the right of a party as available to challenge the same, in law...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband on the ground that he commits anal sex with her - She was not agreeable for carnal intercourse against the order of nature which husband wanted to establish with her - Wife was physically incapable to do so because she had injuries - Refusal to have carnal intercourse..........
Criminal Procedure Code, 1973, Section 83 -- Attachment of property belonging to proclaimed offender - Sine qua non for passing such an order would be a finding, may be prima facie, that property for which attachment order is being passed belongs to accused person and without such finding, no order as to attachment of property can be passed...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Double murder case - Withdrawal of prosecution merely on the ground of good public image of accused - This reasoning cannot be accepted especially in cases of involvement of influential people - Order allowing withdrawal of prosecution of accused set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Summoning order must reflect application of mind and reasoning before a Court decides to issue summons to a person - Mere rote recitation in the summoning order that there is sufficient material before Court to proceed against accused, does not in the least reflect application of..........
Protection of Children from Sexual Offences Act, 2012, Section 19 -- Failure to report the offence to police - - Failure to inform the matter within a period of 7.15 hours alone is not sufficient to hold that there was failure to report the same to police - In order to fasten criminal culpability upon a person u/s 19(1) of the, there must be a deliberate omission to be..........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in reporting the seizure to Magistrate - Directions issued: (i) Police officer concerned shall inform bank whether seizure of bank account has been reported to jurisdictional Magistrate and if not, time limit within which seizure will be reported - If no intimation as to compliance or proposal..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey knowing Commissioner - Neither there is any dispute with regard to description of suit property nor there is any issue regarding the nature of possession of parties - Petition U.O.39.R.2-A CPC is also pending for alleged violation of interim order of injunction - Onus of proof of alleged encroachment by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418 -- Quashing of FIR - Cheating - Sale of defective car - Manufacturer of car offered to replace old car with brand new car in compliance with order of High Court - However, this was not acceded to by complainant - Old vehicle was admittedly returned to erstwhile dealer by complainant -..........
Punjab Land Reforms Act, 1972, Section 21 -- Bar of jurisdiction of Civil Court - Suit filed for declaration that land belonged to religious and charitable shrine and there was no challenge to validity of any order under the Act - Suit does not fall under either of categories as mentioned in S.21 of the Act - Civil Court alone has jurisdiction to decide and declare whether..........
