Showing : 1-10 of 45731 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Concurrent finding - Finding of fact cannot be interfered with in second appeal unless the findings are perverse...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- Judgment of First Appellate Court - First Appellate Court has to set out points for determination, record decision thereon and give its own reasons - Even when First Appellate Court affirms judgment of trial Court, it is required to comply with requirement of O.41.R.31 CPC - Non-observance of this..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First appeal - First appeal involved both disputed questions of law and fact - First appeal dismissed by a cryptic order without examining any of the aspects - First Appellate Court failed to follow the provision of O.41.R.31 CPC while deciding appeal - Judgment and decree passed by First..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Complaint cannot be quashed by taking recourse to S.482 Cr.P.C when disputed questions of facts are involved which need to be adjudicated after parties adduce evidence...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 25-- Maintenance u/s 125 Cr.P.C - Grant of permanent alimony u/s 25 of Hindu Marriage Act - Application is maintainable if filed before grant of permanent alimony u/s 25 of Hindu Marriage Act but reverse is not the accepted norm - Application u/s 125 Cr.P.C. filed by wife after taking permanent alimony..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Section 92-- Scope - S.92 of the Code applies when a suit is filed against a Trust and not when suit is filed by a Trust...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - An application for "anticipatory bail" in anticipation of arrest can be moved by accused at a stage before an FIR is filed or at a stage when FIR is registered but charge sheet has not been filed and investigation is in progress or at a stage after investigation is concluded -..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Should not invariably be limited to a fixed period - It should inure in favour of accused without any restriction on time - Normal conditions u/s 437(3) r/w S.438(2) should be imposed - If there are specific facts or features in regard to any offence, it is open for Court to..........

Showing : 1-10 of 45731 Results