Prevention of Money Laundering Act, 2002, Section 44 -- Offence u/s 44 of the Act - Appellant is in custody from 8.8..2024 - Order taking cognizance has been set aside by High Court and a fresh application for taking cognizance is yet to be heard by special Court - Custody of appellant cannot be continued - Direction issued that appellant be produced before Special Court..........
Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties - Moreover, when High Court itself, on more than one occasions in the contempt proceedings, had found that the State was bound to comply with the writ of mandamus issued by it and had also issued notice to Chief..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward and has undertaken to appear before trial Court on each and every date of hearing, order declaring petitioner as proclaimed person and..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC allowed prior to deciding the main appeal - Order allowing application set aside on this short ground - First Appellate Court directed to consider the application U.O.41.R.27 CPC r/w S.151 CPC for additional evidence afresh along with main..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 75 -- Quashing of order of issuance of non-bailable warrants - Application for exemption from personal appearance was filed by petitioner - However, trial Court while rejecting said application, straight away proceeded to issue non-bailable warrants against petitioner - Rejection of said application amounts to an..........
Service -- Compassionate appointment - Lower courts directed the appellant to appoint respondent on the basis of decision given by SC in Canara Bank v M Mahesh Kumar - However, the lower appellate court failed to consider the criteria of stability while directing the appointment of respondent - Decision of lower courts set aside, with direction to appellant to pay Rs. 2.5..........
Mutation -- Granted in breach and violation of law of succession - Basic mutation and consequent mutation rightly set aside...........
Indian Penal Code, 1860, Section 294, 357 -- Offence u/ss 294, 357 IPC - Two investigating Officers conducted the investigation - One I.O. has not come forward for his cross-examination and consequently part of investigation conducted by him and evidence collected by him remains unproved - Deposition of second I.O. was not signed and endorsed by jurisdictional Court,..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by husband - No evidence on record that husband has underwent cruelty in the hands of wife - Even, husband has not placed any evidence on record to show that he made efforts to bring back wife to his society - Trial Court has wrongly placed burden on wife that she has not made any efforts for reunion -..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix was with the appellant for about 20 days, travelling to different places along with him before reaching the final destination - However, she had never made any attempt to resist or raise a cry - There was absolutely no injury on the body of prosecutrix - Evidence of prosecutrix itself is clear that she..........
