Protection of Women From Domestic Violence Act, 2005, Section 19, 17(2) -- Right of residence - Divorced wife who is continuing in shared household at the time of divorce though entitled to seek for a residence order u/s 19 of the Act, can continue only till she is evicted by due process of law - However, residence order passed in such cases, would be subject to any..........
Criminal Procedure Code, 1973, Section 157 -- Instructions dated 04.05.2017 issued by Director, Bureau of Investigation, Punjab - Investigation - Instructions dated 04.05.2017 issued by Director, Bureau of Investigation, Punjab violate the process and procedure of investigation established by Code of Criminal Procedure, 1973, and further cause abuse of process of Court by..........
Criminal Procedure Code, 1973, Section 157 -- Inquiry - Holding simultaneous inquiry either during investigation or post submission of final report u/s 173(2) Cr.P.C is incomprehensible under Cr.P.C - Such inquiries by police officers are sheer and blatant interference with process of justice and cannot stand the test of justification - It is unfair for prosecution also to..........
Criminal Procedure Code, 1973, Section 157 -- Investigation - Directions issued : (a) In every case, where FIR has been registered regarding commission of a cognizable offence, investigation shall be conducted by Investigating Officer, strictly in accordance with provisions of Code of Criminal Procedure, 1973; (b) In every case, where after registration of FIR,..........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Judgment of Small Cause Court - Non-framing of point of determination - Eviction suit - Defence of petitioner was struck off - Point of determination could have been framed only if defence was on record and there was any points to be determined - There was thus, no illegality or irregularity in passing order without point of..........
Family Courts Act, 1984, Section 7(1) -- Explanation (b) - Daughter seeking declaration that marriage of her late father with respondent is null and void and also the status of respondent as on date still continues to be the wife of one `M' - Limitation - Plaintiff came to know the relevant facts along with documents regarding defendant not having taken divorce from her..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Daughter seeking declaration that marriage of her late father with respondent is null and void and also the status of respondent as on date still continues to be the wife of one `M' - Non joining of `M' as a party to the suit - No specific relief claimed against `M' - Both plaintiff and..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court while summoning petitioner has not considered overwhelming evidence collected by I.O during course of investigation which would demonstrate that petitioner was not present at the time and place of occurrence - Impugned order of summoning of petitioner is unsustainable and against..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Incorrect appreciation of a provision of law - Proper remedy is to approach Competent Court in Appeal against the judgment and order...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioners sought their impleadment in suit as plaintiffs at the fag end of trial - They may have an independent right of being occupants or tenants but they have to plead and lead cogent evidence to prove the same - Petitioners cannot derive any..........
