Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 8, Rule 1 -- Appeal - Closure of right to file written statement - Same has direct effect on defendant if his reply is not to be considered - Impugned order can be termed as intermediary or interlocutory order - Defendant has remedy of filing an appeal u/s 19(1) of the Act of 1984...........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation from one State to another - Part of cause of action has arisen in Delhi - Court at Delhi thus, have jurisdiction to take cognizance of offence - Moreover, no such objection was taken when MM directed registration of FIR - Order of transferring investigation from Delhi to Noida is bad in law and thus,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of stranger/third party - Stranger cannot be impleaded in the suit in order to support contesting defendant...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance - Court filled the words `cognizance' and `personal' in blank space which suggest that there is non-application of judicial mind - Order taking cognizance , set aside - Matter remitted back to concerned Court to pass afresh order in accordance with law...........
Criminal Procedure Code, 1973, Section 340 -- Forgery or forged document - Proceedings u/s 125 Cr.P.C - Allegation that wife produced forged birth certificate of her son - However, no register, no document, no birth certificate issued in favour of any third party has been produced and exhibited before Court below - Mere statement of husband that alleged document is forged..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - There is cloud over sources of income of husband and sources of income of wife - Truth regarding their sources of income is required to be ascertained to determine quantum of maintenance - Court below while determining maintenance has not followed the directions as contained in Rajnesh V Neha Case..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate to order further investigation u/s 173(8) Cr.P.C is not taken away only because cognizance has already been taken of an offence...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Original complaint filed u/s 156(3) Cr.P.C was considered to be complaint by Magistrate and after disapproving final report proceeded to issue process after considering statements recorded u/ss 200, 202 Cr.PC - There is thus, sufficient ground to proceed u/s 204 Cr.P.C - No illegality in order of summoning..........
Indian Penal Code, 1860, Section 294, 506, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 294, 506 IPC - Cognizance of offence - Limitation - Incident occurred on 18 Feb 2010 - Complaint filed on 9 Mar 2010 well within the period specified and hence not barred u/s 468 Cr.P.C even though order of cognizance was passed on 5 Jan 2011 - Offences is to be reported..........
