Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Accused married victim woman by making fraudulent representation that his wife was dead - Second wife invoked provision of Section 498-A of IPC - Accused sought quashing of criminal proceedings - Held, since marriage of accused with second wife when first wife is living and when marriage..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Matter referred to larger Bench to consider following questions : (1) Whether in the absence of any substantial question of law being stated in the memorandum of appeal, the same can be rejected or not? (2) Whether Section 100 CPC enjoins a duty upon the High Court to formulate a..........
Prevention of Terrorism Act, 2002, Section 49(6), Criminal Procedure Code, 1973, Section 439 -- Application of bail filed under Section 49 of Act after period of one year - Held, provisions will have to be considered on parameters of S.439 of the Code...........
Family Courts Act, 1984, Section 10(1), Civil Procedure Code, 1908, Order 39, Rule 2-A -- Family court can resort to O.39.R.2A in a case of breach of its order as it is a civil court - It has inherent power under Section 151 CPC to pass order to effectuate its own order...........
Divorce Act, 1869, Section 10, Protection of Women from Domestic Violence Act, 2005, Section 31, 32, 19, 20, 21, 22, Civil Procedure Code, 1908, Order 39, Rule 2-A -- Wife filed petition for divorce - During pendency of petition, wife sought protection under Section 18 to 22 of Domestic Violence Act - Family court granted protection - Breach of protection order by husband..........
Civil Procedure Code, 1908, Section 100, 151, Order 41, Rule 2 -- Second Appeal - This court can permit to incorporate substantial questions of law in the memo of appeal by pressing into service Order 41 Rule 2 read with section 151 CPC where the impugned judgment is absolutely without jurisdiction or cannot stand legal scrutiny...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15, Criminal Procedure Code, 1973, Section 313 -- Recovery of poppy husk - Recovery effected from truck driven by accused by whose side appellant was seated - In statement under Section 313 Cr.P.C. no question regarding conscious possession put to appellant - Appellant acquitted...........
Criminal Procedure Code, 1973, Section 133 -- Transportation of ore in overloaded trucks, causing nuisance, including air pollution and danger to life of villagers due to rash and negligent driving of said trucks - SDO passed order u/s 133 of the Code directing stoppage of mining transportation `or' to appear immediately to show cause - By corrigendum order, SDO..........
Civil Procedure Code, 1908, Order 21, Rule 32, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12 -- Suit for permanent injunction - Decreed - Execution of decree passed against landlord restrain him from making holes, pulling down roof of shop - Tenant filed application under Order 21 Rule 32 - Roof of shop already fallen - Executing court directed tenant..........
Consumer Protection Act, 1986, Section 2(i)(b)(v) , 15, Succession Act, 1925, Section 306 -- Civil Procedure Code, 1908, Order 22 Rules 1 and 11 - Law Reforms (Miscellaneous Provisions) Act, 1934 - Complainant - Death of complainant - Appeal - Legal heirs - Maintainability of appeal - Cause of action - Medical negligence - Claim brought by deceased was not a claim for his..........
