Civil Procedure Code, 1908, Section 24 -- Custody of child - Transfer of petition - Distance from the place of residence of mother to Family Court `K' where petition is pending is larger than to Family Court `M' - Convenience of wife/mother equally applies in respect of matters under Guardians and Wards Act as well - Petition transferred from Family Court `K' to Family..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Death of party - Substitution of Lrs - Where a party dies in a pending suit/appeal and judgment/decree is passed in ignorance to such death, question of substitution of his/her legal heirs and setting aside the abatement, if any can only be considered by Court before whom suit/appeal was pending at that time...........
Indian Penal Code, 1860, Section 279, 304A -- Death by rash and negligent driving - Reduction of sentence - FIR lodged in the year 2013 - Accused has suffered the agony of trial for more than 10 years - He is not involved in any other criminal activity after his conviction - No other criminal case is pending against accused - Out of substantive sentence of 1-1/2 years,..........
Criminal Procedure Code, 1973, Section 233 -- Consolidation/clubbing of cases - Accused 60 years old foisted with several cases in States of MP, Karnataka and Jharkhand for similar offences - No objection expressed by State if cases in State of MP are consolidated and listed before one Court having jurisdiction - All the cases pending in State of MP shall be consolidated..........
Expeditious disposal of suit -- High Court cannot in a routine manner give such a direction unless there is some extra ordinary urgency - Moreover, in such type of cases also, litigant may approach concerned Court, where case is pending...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - While adjudicating a transfer petition initiated by wife in the context of a matrimonial dispute, Court must take into account a comprehensive array of following factors:- (a) Economic condition and earning capacity of parties, i.e. husband and wife; (b) Social standing of wife and her dependency on..........
Criminal Procedure Code, 1973, Section 102 -- Release/defreezing of bank account - Bank accounts of prime accused/husband of petitioner had been released by Court which had not been challenged by CBI - Release of bank account was opposed by CBI on the ground that another FIR under Prevention of Corruption Act is registered against her, however, said contention is rejected,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - When a Court concludes that accused is entitled to be enlarged on bail pending trial, granting bail only for a limited duration is illegal...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Right of accused to cross-examine complainant closed after giving him sufficient opportunities - However, accused cannot be deprived of his right to defend himself since right to cross-examine is akin to right to defend - Although ample opportunities have been granted to accused and matter is pending..........
Civil Procedure Code, 1908, Section 10, 151, Order 4A -- (As in UP) - Stay of subsequent suit - Earlier suit is one for declaration and subsequent suit is for partition - Both the suits are pending in the same Court - Continuance of subsequent suit is contingent upon findings of prior suit - To avoid conflicting findings when there are identical issues in both the suits..........
