Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Wife of `A' with whom respondent/wife is leading adulterous life had filed divorce petition on ground of adultery - Said circumstantial evidence are sufficient to establish the factum of `living in adultery' on a balance of preponderance..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Liability of partners - Applicants are partners who have executed a Power of Attorney in favour of one `S' to look into affairs of firm i.e. financial and other liabilities - `S' has acted on the basis of Power of Attorney executed by applicants and he has issued cheque on behalf..........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- Withdrawal of Vakalatnama - Advocate representing defendants had claimed no instructions but not sought withdrawal of his Vakalatnama - High Court without any justification went on to consider the procedure prescribed for withdrawal of Vakalatnama when neither withdrawal of Vakalatnama was permitted by Trial Court nor..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining licensor/owner of property from terminating lease - Licensee cannot seek a pre-emptive injunction from termination of license - Only recourse available to licensee is to seek compensation for loss suffered but licensee cannot secure an order of injunction of termination of license by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Framing points for determination is mandatory - Order of maintenance to contain the point or points for determination, decision thereon and reasons for the decision...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 25 -- Maintenance order - Defect of coram non judice - Tribunal passed impugned orders without lawful coram - Once an order is found to have been passed by an authority lacking jurisdiction or lawful coram, it is nullity in the eyes of law and cannot be sustained, irrespective of whether such a..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Offence of rape can be proved by establishing that, from very beginning accused had no intention at all to marry prosecutrix and that offer of marriage was made as ploy to make her surrender to him in order to satiate his canal desire...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - O.1.R.10 CPC authorizes Court to add any party to suit at any stage of proceedings, whose presence is found necessary, in order to enable Court to effectively and completely adjudicate the issue involved...........
Auction sale -- Setting aside - Contention that auction was conducted during pendency of Writ Petition and that High Court's interim order staying confirmation of sale rendered any statutory application unnecessary - This contention is misconceived, as record reveals that while High Court had granted limited interim protection against confirmation of sale, there was no..........
