Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction in pursuance of eviction order - Appeal against order of eviction filed in the year 2018 not decided - Eviction of petitioner from premises in question stayed till final disposal of appeal filed by petitioner...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from Delhi to Allahabad - Cause of action as per FIR alleged to have arisen in Delhi where matrimonial home of petitioner is situated - Most of PWs are situated in Delhi - 12 official witnesses are serving in Delhi - If transfer petition is allowed, they would be required to travel from Delhi to Allahabad which..........
Protection matter -- Inter caste marriage - Petitioner who is Muslim performed marriage with petitioner no.2 in accordance with Hindu Rites and ceremonies, without converting to Hindu Religion, before solemnization of marriage, which is not valid - However, petitioner no.1 being major is entitled to live in live-in-relationship in nature of marriage and also to protection..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 83 -- Quashing of FIR - FIR against child below 12 years - Charge sheet filed before Juvenile Justice Board - Quashing of FIR sought on the ground that FIR could not have been filed as per S.83 of IPC - Petitioner through his legal guardian is thus, allowed to file a suitable application in..........
Supreme Court Rules, 2013, Order 22, Rule 5 -- Exemption from surrendering - O.22.R.5 of Rules, makes it mandatory for a person to surrender or seek exemption from surrendering only when he has been sentenced to a term of imprisonment - Petitioner not sentenced to any term of imprisonment by orders impugned in SLP - Question of petitioner surrendering or seeking exemption..........
Civil Procedure Code, 1908, Section 89 -- Out of Court settlement - Refund of Court fee - Parties settled dispute out of Court without taking recourse to modes enumerated u/s 89 CPC - Petitioner entitled to refund of full Court fee...........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, 1, 14 -- Anticipatory bail - Recovery of illicit liquor - Non-joining of independent witness in terms of S.100 Cr.P.C - No other case under Punjab Excise Act is pending against petitioner except two cases under IPC - Anticipatory bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Interim bail - Recovery of 260 gms heroin - Petitioner sought interim bail for a special purpose of attending marriage of his sister - He is also involved in 4 more cases pertaining to NDPS Act - However, interim bail for one day under proper custody of police is..........
Power of attorney -- Execution and registration of Power of Attorney in favour of wife by petitioner while in jail/custody - Petitioner is in bare need of money to meet up expenses for preparing his defence and also to maintain his family members involving treatment of his wife - However, it is obligatory upon petitioner to establish that properties proposed to be sold..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 211 -- Offence u/s 211 IPC - False charge u/s 211 IPC only relates to original and initial accusation through which criminal law was set in motion - Admittedly, it was not the accused who had set criminal law in motion - Petitioner came into scene only at a later point of time when case was..........
