Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused summoned by trial Court after relying on FIR and statement of complainant and other witnesses recorded u/s 161 Cr.P.C - Revisional Court without considering material placed on record set aside the order of trial Court allowing application u/s 319 Cr.P.C - Order of Revisional Court set..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - Issue regarding ownership and possession decided against one `S' in earlier suit - Plaintiff in subsequent suit being purchaser of said property from said `S' would definitely be bound by the same - He cannot be permitted to set up..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted by holding that application for extension is filed without any valid basis - However reasons given u/s 43D(2)(b) of Unlawful Activities (Prevention) Act, 1967, were clearly made out and explained in the extension letter - Police report u/s 173(2) Cr.P.C had already been submitted prior to last date of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Family Court while passing impugned order in favour of wife relied upon findings passed in petition for restitution of conjugal rights that wife attempted to commit suicide due to cruelty meted out to her - However, in said order there is also clear finding that alleged physical assault..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - Neither samples were drawn in the presence of Magistrate nor list of samples so drawn were certified by Magistrate - Mere fact that samples were drawn in the presence of a gazetted officer is not sufficient compliance of mandate of S.52-A(2)..........
Service -- Payment of stipends - Nature of duties discharged by Post Graduate Students in Ayurveda stream is not the same as that of Post Graduate students undertaking education in Allopathy stream - Impugned order of treating students pursuing Post Graduate in Ayurveda stream at par with students pursuing Post Graduate course in Allopathy stream, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Time barred claim - Elaboration of pleadings and consequential prayer sought by way of amendment being only an extension of original pleadings - Amendment introducing claims which are time barred can be allowed, as there is factual basis in original plaint and no new case is being set up by plaintiff -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit before revenue Court - Impleadment sought on the basis of agreement to sell in their favour - Mere execution of agreement to sell does not create any right in favour of respondents - Order allowing application set aside...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife always ready and willing to live with husband alongwith two children - It is husband who is running away from matrimonial home without discharging his duty and responsibility as a husband - Husband has not even included the name of wife and children in the Service Register so as..........
Indian Penal Code, 1860, Section 498A, 323, 506, 504, 406, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegation against sisters-in-law (Nanads) of wife - Omnibus and general allegations leveled against accused - Accused/sisters-in-law were already married prior to marriage of wife/complainant and her husband - They were living at far away place..........
