Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - In case of misapplication of law and improper appreciation of evidence on record, particularly the documentary evidence, it is the bounden duty of High Court sitting in Second Appeal to consider such questions which are substantial in nature in terms of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Considerations in S.100 CPC arise only when there is a substantial question of law and not mere such questions of law or one based on facts...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial questions of law are the sine qua non for the exercise of jurisdiction u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Findings and reasoning provided by first appellate Court are consistent with established legal principles - First appellate Court decreed the suit of plaintiff after meticulously reviewing all evidence on record - Suit rightly decreed - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Description of suit property was wrongly written inadvertently and due to typographical mistake - Trial Court while allowing amendment specifically put plaintiff to condition that no fresh evidence will be led qua the amendment error - No prejudice would be caused to defendant if..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When two or more suits have been disposed of by a common judgment, but by separate decrees and where the decree in one suit has been challenged in appeal without challenging the decrees in the other suits, the principle of res judicata would be applicable...........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property after attachment is void - Where contract for sale is executed and registered before attachment, mischief of S.64(1) of the Act shall not apply...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 303(2), 329(3), 351(2) -- Anticipatory bail - Theft - Dispute involved is of civil nature which has been given criminal colour by complainant - Petitioners have bona fide intention and are willing to join investigation and cooperate for furtherance of same - Anticipatory bail..........
Civil Procedure Code, 1908, Order 8, Rule 1, Limitation Act, 1963, Section 5 -- Written statement - Not filed within statutory period - Condonation of delay - It is not always the length of delay which is the governing factor while examining plea of condonation of delay - If sufficient cause is shown, then irrespective of length of delay, same can still be condoned...........
