Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Offence under Unlawful Activities Act - Allegation against accused is of harboring co-accused pertains to the period when he was not declared P.O - Accused has not been declared terrorist till date - She is a 58 years old lady and has been in custody for a period..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Suit land claimed to be common pathway - It was basically claim of title over the land which is said to be a pathway allegedly used by both the parties - Claim has to be determined by Court on the basis of oral and documentary evidence - Suit is at the stage of arguments - Application..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15, 3 -- Bail - Offence under SC/ST Act - Granting bail in cases under SC/ST Act cannot be on the ground of period of detention or the stage of investigation, it has to be considered on the gravity and nature of offence...........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C...........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - Court was inclined to reject the application but in operative portion it is wrongly typed as allowed - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C - Error rightly rectified...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of allegations made in the FIR or complaint at the stage of quashing of proceedings u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - Rule to deposit 20% of compensation amount at appellate stage is not an absolute rule but can be accommodate exceptions in exceptional..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds taken by defendant in his application U.O.7.R.11 CPC, can be pleaded by defendant in his written statement and the same can be decided after framing an issue in this regard after considering the evidence of parties at the stage of hearing of suit - But, same cannot be looked into at the time of..........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Filing of affidavit of assets and liabilities at the appellate stage after final adjudication - Not permissible...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document should be taken at the time of tendering and exhibiting those documents - Since those objections were not raised, objection cannot be entertained or recorded at subsequent stage of suit...........
