Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Settlement arrived at between parties whereby they decided to dissolve marriage with their own free will - Wife agreed to withdraw criminal proceedings u/s 498-A IPC against husband - Continuation of proceedings against husband would be abuse of process..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of process server that defendants are not residing at the given address - After five days Vakalatnama was filed by an Advocate followed by written statement where virtually admissions were made and finally a family settlement deed - Court compared the signatures on documents and found..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - S.319 Cr.P.C. confers power on trial Court to find out whether a person who ought to have been added as an accused has erroneously been omitted or has deliberately been excluded by investigating agency and that satisfaction has to be arrived at on basis of evidence so led during trial - On..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - S.319 Cr.P.C. confers power on trial Court to find out whether a person who ought to have been added as an accused has erroneously been omitted or has deliberately been excluded by investigating agency and that satisfaction has to be arrived at on basis of evidence so led during trial - On..........
Service -- Appointment - Held, any recognition granted after conclusion of selection process cannot possibly help candidates concerned who ought to satisfy conditions of eligibility according to relevant Rules on the date applications are submitted and scrutinized to determine their eligibility - But where there was considerable confusion as to what would constitute a..........
Service -- Appointment - Selection process dragging on for four years - Held, such inordinate delay and indolence totally undesirable - It violates fundamental rights of candidates who have qualified for appointment during intervening period - It also depicts a complete failure on part of all concerned in regulating selection and appointment process and ensuring that same..........
Service -- Appointment - Petitioners participated in selection process and interview - Result kept in sealed cover awaiting ultimate outcome of present appeals on ground of no, recognition of concerned degree before selection - Requisite number of vacancies have also been reserved for their appointment in event of their succeeding in present case - Validity of post facto..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Accused living beyond jurisdiction of Magistrate - Magistrate has examined complainant on solemn affirmation and two witnesses and only thereafter he had directed for issuance of process - Held, no error in order issuing summons...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Accused living beyond jurisdiction of Magistrate - Magistrate has examined complainant on solemn affirmation and two witnesses and only thereafter he had directed for issuance of process - Held, no error in order issuing summons...........
Civil Procedure Code, 1908, Order 16, Rule 1(2)(3) -- Summons to witnesses - Once trial court has summoned witnesses on furnishing process fee, depositing diet money and their expenses, in that eventuality defendant has no legal right to move an application to stop their examination in Court...........
