Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Presence of informant or any person authorised by him or her is obligatory at the time of hearing of application for bail in an offence u/s 376(3), 376AB or S.376DA or S.376DB of IPC...........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating and transferring suit property during pendency of suit - Apprehension expressed by plaintiff of being put to irreparable loss and injury has been found to be baseless, as right if any of plaintiff shall be protected by application of principle of lis pendens -..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Court that entertains petition of compromise can determine its legality, at the time of recording compromise or when it is questioned by way of a recall application - No other remedy is available to party who is aggrieved by compromise decree as an appeal and fresh suit are not maintainable..........
Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Rape - Complainant was aware that petitioner was not interested in marriage but still continued the relationship being a major aged about 25 years at the time of incident - There is no allegation in the FIR/Charge sheet about any promise of marriage at the outset of their relationship in the year 2013 - No allegation..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vest in favour of a party to get commission issued U.O.26.R.9 CPC, rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To visit the spot for measurement of property - Suit for possession - Mere measurement of property cannot be criteria for identification of property - Whether defendants are in possession of plot No.20 or plot no.17 is a matter which has to be decided during course of trial on the basis of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Keeping a young child of four years old away from her mother in defiance of Court order amounts to mental harassment amounting to cruelty in as much as it would certainly cause grave injury to mental health of mother of child - Such act of in-laws amounts to cruelty within meaning of S.498-A Explanation (a) IPC...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 34 -- Cruelty - Specific allegation against applicants that they used to demand a sum of Rs.10,00,000 from her for purchasing a car - Statements of parents and brothers of complainant supports her version with respect to demand of dowry and harassment meted out to her on account of failure to fulfill the demand - She..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money Laundering - Appellants are in custody for about one year and one month - Charge has not been framed - 29 witnesses have been cited and about 50 documents are relied upon which run into 4000 pages approximately - Trial is not likely to commence as even charges..........
