Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - Order passed by trial Magistrate - Appeal thereagainst - Such an order can be assailed in the manner as provided under Code of Criminal Procedure or Family Court Act, as the case may be, and not in the manner as provided under D.V. Act...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Order passed against dead person is a nullity - Mere fact that counter affidavit was filed by one of legal heirs would not clear the defect of order being passed against a dead person - Without the cause title being amended and legal heirs being brought on record in interlocutory applications at that..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Domestic Violence Act does not distinguish between a first or subsequent marriage for the purpose of entitlement to maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Grant of 12,000/- p.m. which was later enhanced to Rs.33,000/- p.m. payable from the date of filing of application - In appeal the amount was enhanced to Rs.1,00,000 per month - Plea that wife is capable of earning - While capacity to earn may be a relevant factor, it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner has no previous criminal antecedents and is facing prosecution for the first time - He has been in custody since 23.03.2023, yet till date only 3 out of 16 witnesses cited by prosecution have been examined - State counsel..........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 22 -- Maintenance to widowed daughter-in-law and to her minor children - Widowed daughter-in-law unable to maintain herself and is also unable to receive any maintenance from her parents - Daughter-in-law is unable to provide proper education to her children - Moreover, respondents have neither given to daughter-in-law..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree against a dead person is construed as nullity and a decree passed in favour of a dead person is not construed as nullity...........
Evidence Act, 1872, Section 45, Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 28(2) -- Voice sample - Proceedings u/ss 12, 18, 19, 20 & 22 Domestic Violence Act - Magistrate in the matters of domestic violence has power to adopt procedure as per S.28(2) of PWDV Act - If there is adequate material on record having potential to prove..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 29, 61, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Custody period undergone by accused is 1 year and 23 days - Quantity of alleged contraband is marginally over and above commercial quantity - Co-accused has already been granted concession of bail - Petitioner is not a..........
Protection of Women From Domestic Violence Act, 2005, Section 31, 18, 19, 20, 21, 22 -- Offence u/s 31 of the Act - S.31 of the Act applies only to breach of protection orders mentioned in S.18 of the Act and not to residence orders mentioned in S.19 of the Act, monetary reliefs mentioned in S.20 of the Act, custody orders as per S.21 of the Act and compensation orders as..........
