Code of Criminal Procedure, 1973 – Section 438 – Anticipatory Bail – Even filing of an FIR is not a condition precedent to the exercise of power under Section 438 of the Cr.P.C. The imminence of likely arrest founded on a reasonable belief can be shown to exist, even if an […]
Penal Code, 1860 – Ss. 302/34 – the prosecution case was based on the evidence of eye witnesses – The above evidences were corroborating with the post mortem report prepared by the autopsy surgeon – So, the defects in the investigation does not help the accused in any way – These appeals are, therefore, […]
Property Law – Code of Civil Procedure, 1908 – Order 38, 39 & 40 – Relative Scope of attachment, injunction and receiver.
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – S. 14 – Security Interest (Enforcement) Rules, 2002 – Rr. 8 & 9 – Sale of immovable secured assets – A secured creditor cannot apply u/s. 14 in respect of an immovable property after execution and registration of a […]
Hindu Marriage Act, 1955 – S. 24 – Maintenance – Alimony Pendente Lite – Enhancement of – the impugned order without specifying the date from which the opposite party husband was made liable to pay the alimony pendente lite for the petitioner and the interim maintenance for the minor daughter is vitiated by […]
High Court Criminal (Subordinate Courts) Rules, 1985 (Calcutta) – Rule 183 – Recording and/or transcribing orders of the Court – Under no circumstances, any judicial officer shall take assistance of any external agency particularly police officers in the matter of recording and/or transcribing orders of the Court.
Hindu Marriage Act, 1955 – Ss. 13, 21 & 23(2) – Matrimonial Suit – Divorce – Suit for dissolution of marriage on the ground of cruelty and desertion – Decreed on the ground of irretrievable break down of marriage – Held, Since irretrievable breakdown of marriage is not one of the […]
Indian Penal Code, 1860 – Sections 448 & 376 (2) (g) – Reliable Witness – Competent Witness – Is there major contradiction in the totality of prosecution evidence? Does the defence of appellants inspire confidence to cast doubt against prosecution case? Is there inordinate delay in lodging FIR without satisfactory explanation? Is the […]
Compassionate Appointment – An application for being granted appointment on compassionate ground must be made within two years from the date of death of the concerned employee. The applicant must be aged at least 18 years i.e. a minor has no right to apply for being considered for compassionate appointment. […]
Criminal P.C. 1973 – S. 216 (5) – Sanction – At the time of dealing with the Section 216(5) of Cr.P.C. the court is to see if any sanction has been given on same facts or not, irrespective of any offence.