Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of Rs.1500/- p.m. as interim maintenance - Amount is not only meager but also insufficient - No interference is required in the impugned order as same does not suffer from any illegality - However, three months time is granted to pay the entire amount of arrears of interim maintenance in three equal..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Order rejecting application for withdrawal of prosecution - Writ petition - Maintainability - Accused has no authority or locus to challenge the order passed on an application preferred by State - Prima facie writ petition against order rejecting application for withdrawal of prosecution is not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration of ownership on the basis of gift deed filed after a delay of about 20 years - Trial Court dismissed the application by holding that point of limitation is a mixed question of law and fact - Impugned order set aside in view of judgments of Supreme Court passed..........
Criminal Procedure Code, 1973, Section 378(1)(3), Indian Penal Code, 1860, Section 325, 326, 114, 504 -- Appeal against acquittal - Leave to appeal - Offence u/ss 325, 326, 114, 504 IPC - Trial Court has rightly found that prosecution has miserably failed to establish case and has rightly acquitted accused - No compelling reasons or infirmity to interfere with order of..........
Indian Penal Code, 1860, Section 498A, 323, 294, 34, 506(PartII), Criminal Procedure Code, 1973, Section 228 -- Cruelty - Matrimonial dispute - Order of framing of charge - FIR lodged by wife against husband cannot be said to be lodged by way of counter blast after receiving notice of divorce petition - As regarding question of delay in lodging FIR, FIR lodged when even..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Order de hors reasoning or bereft of relevant reasons cannot result in grant of bail...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint case ordered to be tried as summons case - Quashing of order - Trial Court passed order while advancing plausible reasons - Order of trial Court to try complaint case as summon case held, proper...........
Criminal Procedure Code, 1973, Section 197, 482, Indian Penal Code, 1860, Section 427 -- Sanction for prosecution - Quashing of proceedings - Offence u/s 427 IPC - Magistrate illegally taken cognizance of offence summoning accused u/s 427 IPC, which is ex facie bad for want of sanction - Summoning order and complaint quashed for want of sanction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioners sought their impleadment on the ground that they have right in the suit premises - However, nothing on record to substantiate claim of petitioners that they are co-owners of property - Stand of tenants is the same as that of petitioners, which indicates that petitioners..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Cheating - Petitioner directed to appear before I.O by granting interim bail - He having joined the investigation - Order granting interim bail to petitioner made absolute...........
