Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Mere fact that wife is earning is not a valid ground to reject her claim for maintenance...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement - Application for enhancement of maintenance can be made upon a change in circumstances...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement - Husband is employed as a Professor - Salary of husband increased to approximately Rs.75,000 from Rs.70,000 - He does not have any other substantial liabilities, as his mother is a retired government employee and a pensioner, his father is self-sustaining and his sister is also employed -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Second wife and children from second marriage got impleaded in setting aside application - Second wife was stranger to proceeding -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Application for setting aside ex parte decree filed more than 30 years after date of decree but soon after death of deceased was not..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Withdrawal of protest petition - Even if protest petition filed by complainant is withdrawn, Magistrate is still competent to independently examine material placed before him and take cognizance if a prima facie case is made out...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Magistrate is not bound by opinion of police upon submission of final report or cancellation report u/s 173 Cr.P.C and has independent power to apply his mind to material collected during investigation - Magistrate is competent to accept cancellation report, to direct further investigation or to disagree..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - At the stage of taking cognizance and issuing process, Court is only required to see whether a prima facie case is made out on the basis of material available on record and not to conduct a detailed examination of evidence as would be done during trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of consideration of an application U.O.7.R.11 CPC, only contents of plaint are required to be examined to determine whether or not same is barred by any law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Objection based on res judicata generally arises from pleadings contained in written statement which ordinarily cannot be considered at the stage of deciding application filed U.O.7.R.11 CPC...........
