Indian Contract Act, 1872, Section 171 -- General lien of bankers - Bank has a right to withhold documents till such time, entire loan which has either been borrowed or guaranteed is repaid - Mere fact that petitioner is a borrower in one case and guarantor in another case would not alter position of general lien...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Medical evidence shows that deceased died of ante mortem burn injuries and contusions were also found on her dead body - Accused failed to prove that he was in field at the time of incident - Statement of accused that deceased caught fire accidentally while cooking food is not found reliable - Deceased and..........
Criminal Procedure Code, 1973, Section 438 -- Transit anticipatory bail - Transit - bail is a temporary relief which an accused gets for certain period of time so that he/she could apply for anticipatory bail before regular Court...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - O.6.R.18 CPC gives outer limit of 14 days to comply with the order of amendment - If same is not complied with, Court has liberty to extend the time in a given case and such discretion given to Court is to be exercised by considering the relevant fact...........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Condition to pay Court fee not complied with - Plaintiff failed to make prayer for extension of time - On the contrary, defendants asked for deletion of amendment which was sought by plaintiff - Court rightly allowed the application - High Court declined to extend the period as order of paying Court fee..........
Hindu Marriage Act, 1955, Section 13, 7 -- Divorce - Removal of thali chain by wife at the time of separation - Per se not sufficient to put an end to marital knot - But said evidence is a piece of evidence in drawing an adverse inference about intentions of parties - Act of removal of thali chain at the time of separation coupled with various other evidence, Court came to..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of plaintiff in relation to newly framed issue - Burden of proving the newly framed issue is on defendant - Plaintiffs are not required to give further evidence in respect of same - Moreover, defendant had an opportunity to cross-examine plaintiffs on said issue at the time of their evidence because he..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Closure of right of plaintiff to file affidavits of other witnesses - Case fixed first time for cross-examination of plaintiff witness - There was thus, no occasion to close right to file affidavit of other witnesses of plaintiffs in advance - Order of closure of right of plaintiff to file affidavits of other witnesses set..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Bail - Money laundering - Petitioner is not maintaining good health as he suffering from heart problems and even in custody he was examined by jail doctor and he needs urgent medical treatment - Petitioner is a first offender and since a complaint has already been filed no..........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Kidnapping - Penetrative sexual assault - Age of victim - No conclusive proof regarding age of victim girl by producing hospital record or municipal record which was taken at the time of birth - Victim is more than 16 years as per ossification test and taking..........
