Civil Procedure Code, 1908, Section 35B -- Costs - Non payment - It is mandatory on the part of Court to disallow further prosecution of the suit or the defence as the case may be...........
Criminal Procedure Code, 1973, Section 313(5) -- Examination of accused u/s 313 Cr.P.C. - Supplying advance copy of questionnaire - Can be supplied only in exceptional circumstances - Questions u/s 313 Cr.P.C. are confined to the evidence already on record - There is no need for supplying the questionnaire in advance...........
Criminal Procedure Code, 1973, Section 313(5) -- Examination of accused u/s 313 Cr.P.C. - Supplying advance copy of questionnaire enabling accused to file written statement in terms of S.313(5) Cr.P.C. - Held, barring few situations where statement u/s 313 Cr.P.C. of accused cannot be recorded by calling them personally except with undue delay and inconvenience, his..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax return of husband showing his annual income Rs.4,03,804 for the year 2015-16 is on record - Husband can easily pay maintenance of Rs.15,000 pm as awarded and cannot be said to be exorbitant - Said order calls for no interference...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 363, 366 -- Quashing of FIR - On basis of compromise - Offence u/ss 363, 366 IPC - Perusal of allegations in FIR reveals that case squarely falls in category of cases that can be quashed by High Court, in exercise of its inherent power u/s 482 Cr.P.C. - Continuation of criminal proceedings..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 2 -- Eviction order - Execution proceedings - Application U.O.21.R.2 CPC - Dismissal of application - Courts below rightly stated that objections have been filed with a malafide intention only with a view to delay execution proceedings - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Plea of accused that he informed bank authority of forceful taking of cheques by complainant immediately after occurrence - Plea not proved, there being no supporting evidence either oral or documentary - Moreover, his contention..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Premises in question belonging to defendant/father - Two consecutive Courts have held that plaintiff/son is not having any right to be protected under order of temporary injunction - Person holding possession for a long time is the general law pertaining to possession, cannot be applied where father..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Court at the stage of framing of charge is not required to meticulously weigh evidence and the prima facie view of the matter is to be taken into consideration - If criminal Court on consideration of the material on record finds that prima facie case is made out and/or grave suspicion exists about..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 186, 353, 307, 482, 34, Arms Act, 1959, Section 27 -- Framing of charge - Offence u/ss 186, 353, 307, 482, 34 IPC and S.27 Arms Act - As prosecution has failed to record statement of any police official that after surrender and arrest of petitioner in Court, he was identified by them as the person..........
