Criminal Procedure Code, 1973, Section 284, 285 -- Video conferencing - Recording of evidence - Witnesses are living in USA - Use of video conferencing for recording of evidence is no longer an exception but a recognized and judicially endorsed norm - Mere fact that respondents have alleged mala fide intent on part of petitioners based on pending criminal case and absence..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - If parties settle their disputes amicably in order to live peacefully, it is duty of Court to encourage such actions by quashing FIR, charge..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In order to consider application U.O.7.R.11 CPC, Court has to look into averments in the plaint and same can be exercised by trial Court at any stage of suit - At that stage, pleas taken by defendant in written statement are wholly irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application allowed by Commercial Court on the ground that suits are barred U.O.2.R.2 CPC and U.O.23.R.1(4) CPC - Copies of previously filed plaints were not before Commercial Court - Unless previous plaints were not produced before Commercial Court, it could not have based on contentions of respondents,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Date of payment of maintenance - Family court awarded maintenance of Rs.4,000 per month from the date of order - However, maintenance is required to be paid from the date of filing of application as the period during which maintenance proceedings remains pending is not in the hand of applicant - Maintenance..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amended plaint - Beyond the order allowing amendment - Plaintiff permitted to file amended plaint strictly in accordance with permission granted by trial Court...........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Exercise of inherent powers is not limited to a separate application filed u/s 482 Cr.P.C and such power can be exercised by Court in any proceeding before it to make such orders as may be necessary to give effect to any order under Cr.P.C or to prevent abuse of process of any Court or otherwise to secure the..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Court in exercise of its inherent powers recognized u/s 482 Cr.P.C, can recall an order passed in any case ex-parte upon sufficient cause being shown for non-appearance when the case was decided - However, in exercise of inherent powers a Bench of High Court cannot interfere in any order passed by another..........
Criminal Procedure Code, 1973, Section 482 -- Recall of ex parte order - For seeking recall of an ex parte order passed in a revision, petitioner should approach same Court by filing an application for recall of order and a separate application u/s 482 Cr.P.C cannot be entertained for this purpose - Application dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Barred by limitation - Counter claim has been filed for cause of action arose much before filing of suit but knowledge of defendant accrues from plaint itself - Trial Court accepted written statement but on account of deficient Court fees permitted defendant to pay deficit Court fees and allowed prayer of..........
