Criminal Procedure Code, 1973, Section 102, 482 -- Defreezing of bank account - Petitioner organization was actually running 103 educational institutions and more than a dozen primary health centers - Order of attachment was stayed as regards salary and institutional expenses by interim order - Petitioners were directed to maintain proper and complete statements of..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Case of plaintiff falls under second part of O.32.R.15 CPC and thus, Court has to make an inquiry whether she is in fact so - Since no inquiry was made by trial Court when issue was raised before it as such order rejecting application set aside - Matter remanded for decision afresh after..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 504 -- Benefit of probation - Offence u/ss 323, 504 IPC - Offences for which accused were convicted, do not entail the punishment of death or life imprisonment - Benefit of probation thus, can be given to accused taking into account the nature of offences - Moreover, accused have no criminal..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Applicant is legally wedded wife of opposite party/husband - Husband is retired and getting pension of Rs.34,656 p.m - 25% of monthly pension shall be awarded to wife - Trial Court rightly granted Rs.7000 p.m as monthly maintenance to wife...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 506 -- Quashing of summoning order - Offence u/ss 406, 506 IPC - Allegation of non-payment of salary and provident fund to complainant after resignation - No prima facie evidence on record that after resigning from company of accused, complainant joined another company and shared confidential..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant after recording the verification never remained present before trial Court for period of five years - Dilatory tactics on the part of complainant who set the criminal law in motion by filing private complaint..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Parties are residing as husband and wife for a considerable long time - No specific finding given by trial Court that wife is not legally wedded wife of husband while granting maintenance to wife - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court reversed the judgment of trial Judge and convicted accused - Findings of High Court are totally based on conjectures and surmises - High Court could have interfered in the criminal appeal only if it came to conclusion that findings of trial Judge were either perverse or impossible - No..........
Evidence Act, 1872, Section 65B -- Electronic record - Petitioner intends to mark two photos as document along with compact disk - These two documents are electronic records and admissibility of said documents depends upon conditions to be satisfied as contemplated u/s 65-B of the Act - Admittedly, no such certificate has been produced before trial Court - Question of..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Allegation against wife that she fled from the house after stealing jewellery and other items has not been proved or substantiated by oral and documentary evidence adduced by husband - Even, the allegation that wife is living in adultery with younger brother of husband is also not proved - Monthly..........
