Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Presence of informant or any person authorised by him or her is obligatory at the time of hearing of application for bail in an offence u/s 376(3), 376AB or S.376DA or S.376DB of IPC...........
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..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Court that entertains petition of compromise can determine its legality, at the time of recording compromise or when it is questioned by way of a recall application - No other remedy is available to party who is aggrieved by compromise decree as an appeal and fresh suit are not maintainable..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money Laundering - Appellants are in custody for about one year and one month - Charge has not been framed - 29 witnesses have been cited and about 50 documents are relied upon which run into 4000 pages approximately - Trial is not likely to commence as even charges..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application cannot be allowed on the issues that are not evident from the plaint averments itself...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of registered sale deed - Suit filed after 13 years of execution of sale deed - Plea of bar of limitation - High Court was not right in holding that limitation period commences from the date of registration itself - Judgment of High Court is unsustainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Reversal of judgment of First Appellate Court on the facts was impermissible while exercising jurisdiction by High Court u/s 100 CPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Arrears of maintenance - Have preferential right over the assets of the husband, over and above, the rights of a secured creditor or similar right holders, under any recovery proceedings - Wherever such proceedings are pending, that forum is directed to ensure that arrears of maintenance, are released forthwith -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Maintenance already granted to wife and children - Plea of husband that on account of losses in business, his income has substantially reduced or that recovery proceedings have been initiated is essentially a question of fact and it will not be prudent to accept or reject the same at this..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3), Evidence Act, 1872, Section 65A, 65B -- Production of documents - Telephonic recording - Recovery suit - Plaintiff wanted to submit the telephonic talk between his brother and defendant in which defendant admitted that he had taken Rs.5 lacs from plaintiff - However, brother of plaintiff is not a party to suit..........
