Fraud -- In the event of fraud being committed by any person threefold actions are provided for an aggrieved person i.e : (i) "an aggrieved person may file a complaint to prosecute persons under criminal Law; (ii) such person is entitled to approach civil Court for establishing his civil rights; and (iii) he can approach competent authorities for cancelling registered..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance should allow wife to maintain a reasonable standard of living but should not be excessive or encourage idleness...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance is always dependent on factual situation of case and Court would be justified in moulding claim for maintenance passed on various factors...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is M.Com. - Though income of husband is increased from Rs.20,000 p.m to Rs.25,900 p.m however, if enhanced amount of maintenance is seen, same is more than double from what was earlier granted to wife and child - Considering responsibility of husband, towards his ailing mother as well as considering..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Transfer cannot be claimed by wife as a matter of course merely by pleading inconvenience...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Case has reached its final stage - Transfer of case to another Court at this stage is highly unjustified and improper - Grievance of wife could be adequately addressed by appointing a Commissioner for recording evidence - Moreover, in mediated settlement agreement, wife had expressly agreed to fully..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration based on unregistered gift deed is nullity in law u/s 123 of T.P. Act - Cause of action cannot arise on basis of void document - Plaint rejected...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Non-party to proceedings if he perceives to be in position of a person aggrieved and satisfies Court as such, can seek review of an order passed therein...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - When a mandatory condition precedent to issuance of process has not been fulfilled, continuation of criminal proceedings would amount to permitting prosecution founded upon an invalid exercise..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
