Civil Procedure Code, 1908, Section 24, 20 -- Transfer of suit - Suit for declaration of paternity of child - Wife sought transfer of suit from Guwahati to Silchar - He failed to show that wife is having her house at Guwahati or any other relatives staying at Guwahati - More so, wife has minor son and it would be difficult on her part to take minor son along with her to..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Polygraph test - Accused specifically pleaded that if Polygraph test and voice sample are legally permissible, he is ready and willing to undergo same to show his bonafide - Expressed consent of accused is on record - Order directing accused to undergo Polygraph test and to give voice sample to..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Order of extension of limitation passed on 20.03.2020, in an earlier judgment during lock down period - Said order cannot be read to mean that it ever intended to extend period of filing charge sheet by police - Charge sheet could have been filed/submitted even during the lock down period and I.O. was not..........
Criminal Procedure Code, 1973, Section 197, 482, Karnataka Police Act, 1963, Section 170 -- Police Officer - Sanction for prosecution - Want of sanction - Quashing of proceedings - High Court, holding that sanction for prosecution is legal requirement and remitted the complaint to Magistrate instead of quashing the proceedings - - Impugned order of High Court set aside -..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Application to set aside order proceeding ex parte filed U.O.9.R.13 CPC dismissed primarily on the ground that relief sought is not available U.O.9.R.13 CPC - Mere incorrect mention of provision does not disentitle a party from relief, if it is available on merits - Trial Court should have entertained..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land is jointly owned and possessed by parties and other co-sharers - Averments made by defendant with regard to construction by all co-sharers in terms of family arrangement as well as existence of old structure have not been specifically denied by plaintiffs - Plaintiffs failed to approach..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of commissioner - Objection - Plaintiff was not present at the time when Panchnama was prepared and Panchnama also does not bear signature of plaintiff - Panchnama as well as report is false and fabricated - Order rejecting objections set aside - Trial Court is directed to issue fresh commission in the matter...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - Plea of accrual of cause of action whether genuine and legitimate, is a mixed question of fact and law - Order rejecting plaint cannot be sustained...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Where very existence of sanction order and competency of that authority is challenged, objections can be considered even before trial...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - If trial Court proceeds despite invalidity attached to sanction order, same shall be deemed to be non est in the eye of law and shall not forbid a second trial for same offences, upon grant of a valid sanction for such prosecution...........