Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Husband is a government teacher drawing a handsome monthly salary of Rs.65,100 - Being husband and father, it is legal obligation to maintain his legally wedded wife and minor daughter - Maintenance as awarded by appellate Court cannot be said to be on lower side - Wife and minor..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 3 -- Interim injunction - Arbitration proceedings - Appellants attempted to encash bank guarantee furnished by respondent - If appellants were permitted to invoke bank guarantee, prayer made in S.9 of Arbitration and Conciliation Act, arbitration petition would likely become infructuous - Interim order restraining..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 417, Dowry Prohibition Act, 1961, Section 4 -- Framing of charges - Cheating - False promise to marry - No recital in FIR or charge sheet that Rs.5 lacs is demanded at time of construction of house - Even, statement of victim's mother nowhere shows that Rs.5 lacs is paid by her - Moreover, as per..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo on spot viz. possession - Such order does not put any fetters upon parties to raise construction on the suit property - There is no need for any party to seek permission of Court for raising construction over portion of suit property which was in their possession -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere omission to pass a formal remand order, does not by itself, entitle an accused to bail - Cumulative effect of long period of incarceration, consistent failure of authorities to comply with production warrants, and absence of valid remand orders cannot be overlooked - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Despite repeated issuance of production warrants on multiple dates, jail authorities have consistently failed to produce petitioner before trial Court - Persistent non-compliance has resulted in the prolonged incarceration of petitioner without benefit of a valid remand order or even opportunity to be heard before Court..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner has been in custody since 09.03.2023 - He was initially remanded to police custody upon production before Magistrate and was subsequently remanded to judicial custody - However, subsequent to filing of challan, trial Court did not pass any formal or express order extending judicial remand of petitioner - Even,..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application filed by defendant after closing of his evidence in affirmative and when matter was fixed for rebuttal evidence and arguments - Documents now sought to be produced by defendant pertain to years 2001 and 2011 - Defendants were in knowledge of said documents, however, have chosen not to produce the..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Revision - Order dismissing application U.O.26.R.9 CPC - Revision against an order dismissing application for appointment of Local Commissioner is not maintainable...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - Cannot be sustained in absence of conditional order...........
