Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Order to issue notice to the other side - Writ petition against such an order which issues notice to the other side without taking a decision either to grant or refuse the prayer contained in the application - Such order not amenable to writ jurisdiction of High Court...........
Indian Penal Code, 1860, Section 498A, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - General and omnibus allegations made against petitioners - FIR in question is lodged only to wreck vengeance so also with a revengeful intent in order to pressurize and harass petitioners - Complainant has left her matrimonial home voluntarily without..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Double jeopardy - Offence u/s 14 of Child Labour Act is quite different and distinct from offence u/ss 342, 323, 34 IPC - Principles of double jeopardy does not apply - Order taking cognizance of offences punishable u/ss 342, 323, 34 IPC is proper...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where plot owners welfare organization is representing on behalf of plot owners effectively, each individual plot owner need not come on record by way of filing impleadment applications, as they need not contest the matter independently - Order allowing impleadment application set aside...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision against - Order refusing to appoint local Commissioner does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit and hence not a revisable order - Revision petition dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Plaintiff is required to establish that suit suffers from a formal defect or there are sufficient grounds for allowing plaintiff to institute a fresh suit for the same subject matter - In the instant case, Court while allowing withdrawal of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Date from which payable - Trial Court awarded maintenance to wife from date of order - However, as per Rajnesh and Neha case, maintenance should be paid from date of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Finding of fact regarding monthly income of husband given by trial Court, not permissible to be substituted by revisional Court by its own finding and a different finding while exercising jurisdiction in criminal revision - Impugned order of revisional Court set aside...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Trial Court dismissed the petition to discharge by holding that disputed question of fact and plea of defence taken by accused cannot be taken into consideration at the pre-trial stage - No legal flaw or infirmity in the impugned order of trial Court...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Addition of graver offence - When a graver offence is added, accused who is on bail has an option of surrendering before Court and apply for bail for newly added offence or even investigating agency, on addition of a graver offence, has an option to proceed to arrest accused but before doing so, it..........
