Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - To be allowed only after furnishing a copy of the application to the petitioner and affording him an opportunity to make submissions either orally or by filing a reply to such application - Proper procedure not followed - Impugned order set aside...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte maintenance order passed u/s 24 of Hindu Marriage Act in proceedings u/s 9 of Hindu Marriage Act - Application to set aside order proceeding ex parte - Held, O.9.R.7 CPC do not apply for interference with the final order passed in proceeding u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 9, Rule 7 -- Petition u/s 9 of Hindu Marriage Act - Respondent/husband proceeded ex parte - Application U.O.9.R.7 to set aside order proceeding ex parte - Application u/s 9 of Hindu Marriage Act should be tried in the presence of both the parties - Husband had already filed reply to petition and issues..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Limiting protection for a period of one month - Limiting such protection for a period of one month negates the purpose behind the order - Order extended till the time petitioners are to be arrested after registration of a case...........
Criminal Procedure Code, 1973, Section 452, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Release of seized vehicle - Vehicle involved in NDPS case - Notice issued to petitioner to show cause against proposed confiscation - But, trial Court failed to conduct any enquiry into relevant aspects as contemplated u/s 60(3) and S.63 First Proviso of NDPS Act..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Once Court allowed application u/s 391 Cr.P.C, Appellate Court was not justified in dismissing main appeal in which said application was filed, as interlocutory order allowing application would not survive independently once main appeal was dismissed...........
Criminal Procedure Code, 1973, Section 201, 401 -- Complaint - Returned for presentation to proper Court - In a revision filed against such order there is no necessity to give proposed accused person any opportunity of hearing, as this situation is not covered u/s 401(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Liability to pay maintenance u/s 125 Cr.P.C is in the nature of continuing liability - Accordingly, in case of a default in complying with an order passed u/s 125(1) for payment of maintenance or for any breach thereof, invocation of exercise of power u/s 125(3) Cr.P.C by Magistrate cannot..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance in a petition filed u/s 125 Cr.P.C. - Interim maintenance is subject to final adjudication of main petition and it is only provisional maintenance which is subject to final determination to be made on conclusion of the proceedings - Petition to quash order granting interim maintenance, dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Either of parties aggrieved by order of maintenance u/s 125 Cr.P.C, can approach civil Court for declaration of status as order passed u/s 125 Cr.P.C does not finally determine rights and obligations of parties...........
