Civil Procedure Code – Condonation of Delay – Application under Section 5 of the Limitation Act, 1963 – Petitioners failed to file written statements within the prescribed period of 120 days as per Order VIII Rule 1 CPC – Petitioners sought condonation of delay of 125 days citing personal hardships and unavoidable circumstances – Trial Court dismissed the applications...
Constitutional Law - Article 226 - Writ of Certiorarified Mandamus - Nativity Certificate - Minor petitioner represented by his natural guardian applied for a Nativity Certificate to pursue higher studies in Tamil Nadu - Application rejected by the Zonal Deputy Tahsildar on grounds of non-residence and birth outside the state - High Court quashes the order and directs issuance of the Nativity Cert...
Civil Appeal – Cheque Bounce – Acquittal of the accused – Appellant challenges the judgment of acquittal – Complainant alleges the accused borrowed a sum of Rs. 6,00,000/- and issued a cheque, which was returned unpaid with remarks 'Account Closed' – Lack of clear evidence regarding the loan and issuance of the cheque – Presumption in favor of the holder...
Judicial Procedure - Compliance with statutory requirements for declaring an individual as a "proclaimed person" or "proclaimed offender" - Importance of thorough documentation and adherence to procedural guidelines - Quashing of FIR and all consequential proceedings due to lack of compliance with statutory requirements. [Para 13-15]
Guidelines for Issuance of Proc...
Police Detention – Illegal arrest and detention without following due procedure – Petitioner seeks compensation – Investigation reveals the Petitioner was picked up and placed in lock-up without an FIR or due process – Violation of fundamental right to personal liberty under Article 21 of the Constitution – Principles laid down in D K Basu case followed. [Para 1-8]
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Matrimonial Dispute - Quashing of FIRs - Settlement between parties - FIR No. 843/2020 and FIR No. 477/2020 registered at PS New Usmanpur and PS Amar Colony, respectively - Allegations of cruelty, dowry demand, and POCSO Act offenses. [Para 1-2]
Settlement reached between the parties before the Mediation Centre - Mutual consent for separation and divorce granted - Withdrawal of all cl...
Civil Procedure – Appeal against judgment and decree – Appellant filed appeal under Section 96 of the CPC challenging a judgment and decree passed in a suit filed by the respondent – Suit filed for recovery of a loan amount – Appellant had initially sought leave to defend, which was granted conditionally – Appellant failed to comply with the condition, leading to the ...
Civil Procedure – Revision Petition under Section 115 CPC challenging dismissal of application under Order VII Rule 10 & 11 – The High Court examined the Trial Court's decision on territorial jurisdiction and limitation period – Petitioner's plea that the suit was barred by limitation rejected due to acknowledgment of debt by part payments and dishonored cheques &ndas...
Family Law – Divorce – Appeal against the rejection of a divorce petition – Appellant husband seeks dissolution of marriage based on cruelty and desertion – Parties married in 2009 and have lived separately for almost 14 years – Respondent wife filed multiple cases against appellant and initiated various litigation – Irretrievable breakdown of the marriage &ndas...
Civil Procedure – DNA Test for Establishing Paternity in Partition Suit – Kerala High Court Decision on Strong Prima Facie Case Requirement.
DNA Test – Suit for partition involving claim of paternity – Plaintiff seeks sibling DNA test to establish her father was the deceased, Sri Kuttikrishnan Nair – Trial court allows application for DNA test – Def...