Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 482, 397 -- Cheating - Quashing of order of framing charge - Prima facie case against petitioner cannot be ruled out considering material on record - Petitioner utterly failed to point out what is causing grave miscarriage of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both trial Court and Appellate Court on basis of evidence led by parties came to conclusion that prima facie plaintiff was residing in the house built by his father and defendant was trying to sell it off - Said apprehension was fortified by agreement to sell made out after order of trial Court for..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Ex parte order - Not a bar to resume appearance on subsequent proceedings...........
Criminal Procedure Code, 1973, Section 397, 401, 482 -- Revision - Scope of interference in a revision petition u/ss 397/401 Cr.P.C. r/w S.482 Cr.P.C. is narrow and can only be done if a situation arises wherein impugned order is replete with legal infirmities and is unconscionable to rule of law...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - Summoning only on the basis of statement of PW1 and PW3 without considering other circumstances and material available collected by I.O. - Court also not identified parentage of petitioner - Summoning order set aside - matter remitted for decision..........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to wife - Wife is residing with her parents and has no source of income - Award of maintenance thus, cannot be denied to wife - However, since Court below has not dealt the issue regarding source of income of husband as such case remanded back and Court below to pass a fresh order...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Local Commissioner - Injunction suit - During pendency of enquiry in an application U.O.39.Rr.1,2 CPC, Court appointed Local Commissioner with a purpose to assist Court in elucidating the matter in dispute with a direction not to mention as to who is in possession over which..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Defence of husband struck off and it became final as husband never challenged said order - Maintenance granted to wife in view of income of husband is reasonable and suffers from no illegality - Maintenance rightly granted to wife...........
Civil Procedure Code, 1908, Section 115(1) -- (as applicable in UP), O.6.R.17 - Revision - Decision on an application U.O.6.R.17 CPC would amount to a case decided, as order deciding amendment application would have a direct bearing on right of either parties, if it is allowed or rejected - Revision would lie against such an order...........
Criminal Procedure Code, 1973, Section 125, 397, 401, Family Courts Act, 1984, Section 19 -- Order of interim maintenance in a petition u/s 125 Cr.P.C. by Family Court is an interlocutory order - Challenged thereto - Neither revision u/ss 397, 401 Cr.P.C. nor appeal u/s 19 of Family Courts Act is maintainable...........
