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 39, Rule 1, 2 -- Interim injunction - Interim order which recognizes or confers possession and effectively decides main controversy amounts to virtually decreeing suit at an interlocutory stage, which is impermissible in law - Impugned order set aside - Parties directed to maintain status quo with respect to suit property...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of execution of sentence - Order to deposit 20% of compensation amount - Requirement to deposit compensation amount as a condition for appeal is generally mandatory as per S.148 of the Act, emphasizing its status as a rule...........
Constitution of India, 1950, Article 226 -- Writ petition - Once High Court, upon application of mind, declines to entertain a writ petition in exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available but such remedy has not been pursued by petitioner, proceedings do not survive and must draw to an end..........
Bharatiya Sakshya Adhiniyam, 2023, Section 116, 39 -- DNA test - Paternity of child - Husband has not disputed marital status and also cohabitation with wife for few days - In such circumstances, paternity cannot be questioned - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earlier marriage of wife with one `M' is an admitted position - Wife could not adduce sufficient evidence in support to show that said earlier marriage was lawfully dissolved and that she is no longer his legally wedded wife - Reference to affidavit in..........
Constitution of India, 1950, Article 226(3) -- Interim order of status quo - Application to vacate - Provision of Art.226(3) mandates that High Court to dispose of the same within a period of two weeks...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Direction issued to all SHOs under DCP concerned to strictly ensure that name, parentage or address of a victim of sexual assault is not disclosed in any status report or document filed before Courts...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Condition to deposit compensation amount u/s 148 of the Act as a condition for appeal is generally mandatory emphasizing its status as a rule...........
Succession Act, 1925, Section 372 -- Succession certificate - Dispute regarding status of legally wedded wife - Rival claims - Parallel comprehensive suit for partition pending - It is not appropriate for High Court to decide status of parties in a summary proceeding - Parties to establish their legal status through evidence in the pending civil suit - Based on the decree..........
