Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Order of summoning - Revoking his own order by Magistrate - Magistrate, after obtaining the response from the husband and his relatives etc. is well within his jurisdiction to revoke his order of issuing summons to them or he can even drop the proceedings - Magistrate is..........
Civil Procedure Code, 1908, Section 115 -- Acceptance of cost - Revision petition cannot be entertained on merits against the same order in which cost was imposed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine validity of order of Court which had allowed execution of decree...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Prima facie allegations of harassment and demand of dowry are made out - However, despite that High Court quashed FIR against respondents primarily on the ground that earlier two complaints that were filed by appellant did..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of rent petition - Typographical error - Nature of amendment is not substantive but in fact is corrective in nature therefore, amendment cannot be rejected on this ground alone - Typographical mistake/correct provisions of law can always be placed before Court as they do not lead to any dispute on facts and they do..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Reasons given by appellant for her non-appearance and delay are bona fide and constitute sufficient cause - Trial Court has erred in rejecting restoration application on technical grounds, thereby depriving appellant of an..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of about 25% of net salary of husband - Order challenged on the ground that wife herself deserted husband - Unless husband is able to get a declaration in his favour in Matrimonial Case filed u/s 9 of Hindu Marriage Act and wife fails to justify her desertion, any challenge to maintenance order is..........
Tender -- Rejection of technical bid - Haisiyat Praman Patra not issued by District Magistrate - Notice Inviting Tender (NIT) specifies no condition that Haisiyat Praman Patra submitted by a prospective bidder must be issued only by a District Magistrate in terms of Government notification - Appellant's certificate has been issued by an experienced valuer registered with..........
Service -- Termination - Post of teacher - Appellants were terminated on the ground that they did not have Teacher Eligibility Test (TET) i.e minimum qualification at the time of their appointment in 2012 - However, S.23(2) second proviso of Right of Children to Free and Compulsory Education Act provides that unqualified teachers appointed/in-position as on 31.3.2015 shall..........
Criminal Procedure Code, 1973, Section 154 -- Two FIRs - Quashing of second FIR - Second FIR discloses new and distinct offences allegedly committed after registration of first case - Bar against a second FIR operates only where both relate to same incident or transaction - Test of sameness is not satisfied - Moreover, second FIR was registered pursuant to order of..........
