Adverse remarks -- Expunging of - High Court while granting bail made adverse observations against appellant a District and Sessions Judge, as appellant while dismissing bail application of accused did not incorporate details of antecedents of accused in prescribed tabular form as per directions of Para 9 of Jugal Kishore case - However, decision of said case cannot be..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Car accident - Damage to car - Car damaged due to accident and also short circuit following the accident - Appellant had a co-passanger at the time of accident and co-passenger needed immediate attention - He was rushed to hospital leaving the car in ditch which caught fire due to short circuit - Appellant was..........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14)(v) -- Child in need of care and protection - Petition filed by husband - Wife already filed a petition for custody of child before Family Court - Husband during pendency of said proceedings parallely filed petition before Child Welfare Committee - Family Court has concurrent jurisdiction with Child..........
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981, Section (2) -- Detention order - Detaining authority relied on six cases registered against appellant which pertains to illicit manufacture of handmade liquor -..........
Civil Procedure Code, 1908, Section 151 -- Restoration of appeal - Dismissal of appeal due to non-furnishing of requisite Court fees - Opportunity was given to make good Court fee, but same was not complied with - Even application for restoration of appeal was not accompanied with requisite Court fee - Order of restoration of appeal set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be heard at the time of final hearing of appeal - First appellate Court allowed application without any reason in a perfunctory manner - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction - Trial Court while granting ex parte interim order has not considered the three basic principles as per O.39.Rr.1, 2 CPC i.e prima facie case, balance of convenience and irreparable loss and injury - Impugned orders set aside - Matter remitted back to trial Court for fresh order...........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Court has restrictive and limited jurisdiction to interfere u/art 227 of Constitution except to set right grave dereliction of duty or flagrant abuse or violation of fundamental principle of law or justice...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court has restrictive and limited jurisdiction to interfere u/art 227 of Constitution except to set right grave dereliction of duty or flagrant abuse or violation of fundamental principle of law or justice...........
