Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Maintenance granted on the basis of notional minimum income of husband as per current minimum wages - Not tenable - Maintenance must be fixed by having regard to viz. (a) living standard of husband and his family; (b) his past conduct in protracting disposal of maintenance petition filed in the year 2003..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Summoning of additional accused - Offence u/ss 307, 147, 148, 149 IPC - All accused were stated to be present at the time of occurrence and carrying fire arms - In view of consistent testimony of both PWs as to presence of all applicants at the time and place of occurrence,..........
Criminal Procedure Code, 1973, Section 173(2), 195, Indian Penal Code, 1860, Section 188, 21 -- Disobedience to order duly promulgated by public servant - Public Servant - Plea that Final Report filed before Court u/S.173(2) Cr.P.C., must be constructed as complaint u/s.195 is not sustainable - Words used u/S.188 IPC "public servant lawfully empowered" and word used..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by burning - No material on record to prove that assault was under grave and sudden provocation - Even, conduct of accused in absconding for 3 months from date of occurrence was contrary to normal human behavior and belies his claim of innocence - Moreover, plea of any burn injuries on the hands of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Second application - Normally a person is not entitled to file second application for bail on the ground that Court on earlier occasion failed to consider any particular aspect or material on record - A plea for review of earlier order cannot be permitted to be made under the guise of a second application...........
Adverse possession and inheritance -- Adverse possession and inheritance - These are two inconsistent alternative pleas which are not permissible - A party is entitled to take an alternative plea but such alternative plea should not be mutually destructive of each other...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Suit property was self acquired property of father of plaintiffs - Father of plaintiffs granted license in favour of defendant - Defendants remained ex parte before Trial Court and did not led any evidence - They have not controverted plea of license stated by plaintiffs and witnesses -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of five bags of poppy husk - Plea of false implication - Court acquitted co-accused on the same set of evidence including evidence led by accused and co-accused - Defence evidence pertains to false implication - Trial Court failed to consider defence set up by accused persons while convicting them..........
Probation of Offenders Act, 1958, Section 12, 4 -- Benefit of S.4 of the Act granted - Plea to grant benefit of S.12 of the Act - When benefit of Ss.3, 4 of the Act is granted to accused, no disqualification could be attached to a conviction by virtue of S.12 of the Act - Accused held, entitled to benefit of S.12 of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement to sell gives prima facie impression that it is transcribed on a signed stamp paper and thereafter signatures of witnesses as well as plaintiff have been appended - Words `Shree Ganeshaya Namah' is placed at such a place which appears to have been done for..........
