Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 2 -- Transfer of suit - Lack of territorial jurisdiction is not a ground to exercise power u/s 24 CPC to withdraw and transfer suits from one Court to another Court - But it is a ground to return plaint U.O.7.R.10 CPC or petitioner may file an appropriate application U.O.14.R.2 CPC to..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16, 10 -- Maintenance to Senior Citizen - Awarded at Rs.7,500/- per month - Applicant thereafter wrote a letter to Minister for Revenue which was transmitted to District Collector who then unilaterally acted as Appellate Tribunal and enhanced maintenance to Rs.10,000/- - Jurisdiction of Appellate..........
Criminal Procedure Code, 1973, Section 125, 125(5), 127, 482 -- Enhancement of maintenance to children - Application by husband for placing on record DNA report indicating that he is not biological father of children - Husband is relying upon DNA report to set aside impugned order of enhancement of maintenance to children, which was never placed before Courts below - He..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on condition to pay Rs.70 lakhs - Death of 7 pilgrims and 10 injured in festival - Accident took place on suffocation due to congestion and rush - Petitioner was not even named in FIR - From averments of FIR, it does not appear that petitioner was responsible for death - Even otherwise, it does not appear..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Prayer of plaintiff to withdraw the suit with liberty to file afresh cannot be split up - Court shall either refuse both the prayers or allow as a whole...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Lack of clarity in application cannot come in the way of plaintiff to get permission to file a fresh suit on self same subject matter or cause of action of suit already filed by her upon its withdrawal...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Eviction suit - Agreement for tenancy was impounded by trial Court for insufficiency of stamp duty - Plaintiff seeking withdrawal of suit with liberty to file fresh suit on self same subject matter - However, trial Court refused to grant permission to plaintiff to file..........
Criminal Procedure Code, 1973, Section 438 -- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed that accused is at liberty to..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, 32 -- Right to life and liberty - Petition u/s 482 Cr.P.C. - Maintainability - For enforcement of fundamental rights, Constitution of India made separate provision u/art.226 of Constitution and u/art.32 of Constitution - Hence, petitioners have got direct and more efficacious remedy, by..........
Indian Penal Code, 1860, Section 166, 167, 201, 202, 203, 204, Bombay Police Act, 1951, Section 25 -- Offence u/ss 166, 167, 201 to 204 IPC and S.25 of 1951 Act - Complaint filed on the basis of adverse observations made by Additional Sessions Judge in murder case against respondent who investigated the case - Accused in said case filed criminal appeal in High Court..........
