Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Deliberate delay on the part of prosecution - Trial unnecessarily held up - Under-trials cannot indefinitely be detained pending trial - Bail granted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - All issues involves disputed question of facts and law and cannot be decided unless and until parties go to trial and lead their respective evidence - Though invariably initial phase of a litigation u/s 138 of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 60 kg Ganja - Bail - Quantity of ganja seized from possession of petitioners is a commercial quantity - Bar and rigor contained in S.37 of NDPS Act, applies to the case - Prima facie case against petitioners is made out -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Eviction petition - Merely because a previous eviction petition on one of grounds is pending, second petition cannot be said to be barred U.O.2.R.2 CPC...........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Appeal pending for seven years - Rejection of application that it should be heard while hearing of appeal - Looks almost an impossibility - This is incorrect approach - Bail granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Bald and general allegations raised by husband against wife - In absence of any cogent and reliable evidence led by him, it cannot be said that husband was harassed by his wife so as to obtain a decree for dissolution of marriage on the ground u/s 13(1)(ia) of the Act - As regarding..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused has undergone 12 years of actual incarceration and still bail denied to him - It is appropriate to call a report from Registrar of Lucknow Bench of position of non-availability of a Bench as also how many applications are pending consideration of bail where appeal is pending consideration and person incarceration..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No specific averments in complaint with regard to cheating - Even, there are no specific proof in support of said allegations made in complaint - Allegations made in complaint are bald and baseless - Complainant also filed a civil suit for recovery of amount and..........
Civil Procedure Code, 1908, Section 151 -- Reopening of plaintiff's evidence - Probate proceedings - Probate application is pending before trial Court since 2009 - Plaintiffs sought time on various occasions for leading their evidence and last opportunity was granted to plaintiffs to lead their evidence, however, plaintiff's right for leading their evidence was closed -..........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of petition filed u/s 9 of Hindu Marriage Act by husband - Wife a working woman and mother of two minor children - Wife will face difficulties to travel for a long distance - There is no one in family who can look after children in absence of wife - Moreover, other litigation between parties is pending at..........
