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Civil Procedure Code, 1908 (CPC) — Order 7 Rule 11(d) and Order 2 Rule 2 — Rejection of Plaint — Bar by Law — Applicability of Order 2 Rule 2 of the Code of Civil Procedure does not by itself constitute a ground for rejection of plaint under Order 7 Rule 11(d) — Rejection of plaint under Order 7 Rule 11(d) is based on the suit being barred by law, where the bar is apparent from the plaint itself — A plea under Order 2 Rule 2 requires evidence to establish the bar, and therefore cannot typically be a basis for rejecting a plaint at the initial stage. Legal Services Authorities Act, 1987 — Standard Operating Procedure (SOP) for Translation and Transmission of Records for Legal Aid Appeals and Special Leave Petitions (SLPs) — The Supreme Court has approved and directed implementation of an SOP to streamline the process of translation, digitization, and filing of records in legal aid cases, with specific timelines and responsibilities for various stakeholders to ensure timely access to justice. Constitution of India, 1950 — Article 22(3)(b) — Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) — Sections 3(1), 8(c), 8(e) — Right to legal representation before Advisory Board — A detenu does not have a right to be represented by a legal practitioner before the Advisory Board — This right only arises if the detaining authority or government uses a legal practitioner, in which case the detenu must also be allowed legal representation — Mere assistance by officials in producing records does not grant this right Penal Code, 1860 (IPC) — Section 306 — Abetment of Suicide — Essential Ingredients — For a charge under Section 306, the prosecution must prove that the accused contributed to the suicide through a direct or indirect act of instigation or incitement — This act must reveal a clear intention (mens rea) to abet suicide and leave the victim with no other option — The act of instigation must be in close proximity to the suicide and form a direct nexus, indicating the suicide was a direct result of the instigation. Dowry Prohibition Act, 1961 — Section 3 and Section 7(3) — Prosecution for ‘giving’ dowry — Protection to ‘person aggrieved’ — Wife and her family members made statements alleging ‘giving’ of dowry in a dowry harassment case against husband — Held, these statements, being made by ‘persons aggrieved’, cannot be the sole basis for prosecuting them for the offence of ‘giving’ dowry under Section 3 of the Act, due to the protection under Section 7(3) which states that their statements shall not subject them to prosecution.

Landlord and Tenant—Estoppel—That tenant during the continuance of the tenancy is debarred on the doctrine of estoppel from denying the title of his landlord through whom he claims tenancy. Eviction—Sub-letting—Original tenant had constructed his own house elsewhere he has been residing with his wife, the accommodation of his nephew in the suit premises did amount to sub-letting,

(2017) 175 AIC 209 : (2017) AIR(SCW) 1597 : (2017) AIR(SC) 1597 : (2017) 3 AllLJ 557 : (2017) 2 AllWC 2024 : (2017) 122 ALR 123 : (2017) 2…

Dying Declaration—A valid dying declaration maybe made without obtaining a certification fitness of the declaration by medical officer. Abetment of Suicide—Eve teasing—Active acts of the accused have led the deceased to put an end to her life as accused has played active role in tarnishing the self-esteem and self respect of the victim—Accused convicted.

(2017) 100 ACrC 648 : (2017) 175 AIC 107 : (2017) 2 AICLR 734 : (2017) AIR(SCW) 2459 : (2017) AIR(SC) 2459 : (2017) AllSCR(Crl) 878 : (2017) 3 ALT(Crl)…

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