Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Cheque - Dishonoured - Complaint complying with all the ingredients of Ss. 138 & 142 - Held, there is absolutely no justification for the High Court to exercise powers under Section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Wife living separately with consent - Under Section 125 Cr.P.C. maintenance cannot be refused even if it may be the case of presumed consent...........
Civil Procedure Code, 1908, Section 115 -- Order refusing to launch prosecution under Section 340 Cr.P.C. - Order is not revisable - Remedy is by way of appeal as provided under Section 341 Cr.P.C. even though order is passed by civil court. (Criminal Procedure Code, 1973, Ss.340, 341)...........
Criminal Procedure Code, 1973, Section 125 -- Husband failing to pay maintenance under an agreement - Amounts to negligence on the part of the husband - Wife is entitled to seek maintenance under Section 125 - Remedy to approach Civil Court for specific performance of agreement is not a bar to claim maintenance under Section 125-If a party approaches Civil Court after..........
Civil Procedure Code, 1908, Section 92, 115 -- Permission granted to file the suit under section 92 - Revision against - Reasons not given for granting permission - Order set aside...........
Civil Procedure Code, 1908, Section 47 -- Object - Auction sale - Judgment debtor has a right to challenge auction sale by filing objections under Section 47 CPC...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Husband filed petition under Section 9 Hindu Marriage Act - Subsequently wife filed maintenance petition under Section 125 Cr.P.C. - Held, proceeding under the Hindu Marriage Act cannot operate as a bar for proceeding of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Husband filed petition under Section 9 Hindu Marriage Act - Notice of the petition served on wife - Thereafter wife filed maintenance petition under Section 125 Cr.P.C. - Maintenance petition so moved cannot be termed as mala fide application...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Proceedings under Section 24 Hindu Marriage Act - Even then the proceedings under Section 125 Cr.P.C. are maintainable...........
Criminal Procedure Code, 1973, Section 125, 421 -- Interim maintenance- Non-payment- Striking off defence-Criminal Court has no power to strike off the defence for non payment of interimmaintenance-Correct procedure for recovery of interimmaintenance is as provided under Section 125(3) and 421 of the Code...........
