Criminal Procedure Code, 1973, Section 154, 482 -- Two FIR's - Quashing of second FIR - Both the FIRs are filed by same person against same accused in respect of same set of facts and allegations - Second FIR registered nearly four years after registration of first FIR - Challenge to the first FIR pending before High Court - Registration of multiple FIRs is nothing but..........
Natural justice -- Direction for registration of case u/ss 218, 219 & 221 IPC against petitioner - Impugned order passed without issuance of notice to the petitioner and without giving an opportunity to explain the factual position - Said provisions invoked without initiation of any inquiry or any material on record and in absence of any evidence - Same amounts to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women From Domestic Violence Act, 2005, Section 17, 19, 26 -- Property of senior citizen - Eviction of daughter-in-law - Shared household - Daughter-in-law has been living in house in question in domestic relationship with mother-in-law - Nothing at all is pleaded that mother-in-law..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Recourse to successive review petitions against same order is impermissible, particularly when respondents miserably failed to draw attention of Court to any circumstances that would entitle them to invoke review jurisdiction within ambit of Rules...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Discovery of new material - It is imperative for a party to establish that discovery of new material or evidence was neither within its knowledge when decree was passed, nor could the party have laid its hands on such documents/evidence after having exercised due diligence, prior to passing of order...........
Agreement to sell -- Refund of advance amount - Suspicious circumstances and doubtful situations raised by both the parties - Sufficient reasons for not granting relief of specific performance - Order directing refund of advance amount with adequate interest rate, upheld...........
Evidence Act, 1872, Section 112 -- DNA test - Court cannot order DNA test as a matter of course and such a prayer cannot be granted so as to lead to a roving inquiry...........
Indian Penal Code, 1860, Section 354A, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Offence u/ss 354-A, 504, 506 IPC and Ss.7, 8 of POCSO Act - Age of victim - Plea to determine age of victim before proceeding with the trial - Rejected on the ground that same can be done only after entire evidence is collected - No interference warranted..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Local Commissioner - In case trial Court appoints Commissioner with the purpose to satisfy itself on a certain aspect of the matter, there is nothing wrong in the same and there is no reason to set aside the order - Trial Court while appointing Commissioner cannot be said to have passed the order with a purpose of creating..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Magistrate exercising jurisdiction under PWDV Act has power to refer matter before it to mediation applying principles of S.89 CPC, record compromise and pass an order in terms of settlement applying principles of O.23.R.3 CPC...........
