Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Additional issues framed not in accordance with O.14.R.1 CPC which is condition precedent for applying O.14.R.5 CPC - Impugned order framing additional issues set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Once Court comes to conclusion that wife is entitled to an award of maintenance, assessment relates back to date of application and as such there have to be compelling reasons for family Court to restrict the award of maintenance from date of order and not from date of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Family Court while passing final order has not given any reasons as to why maintenance was awarded only from date of passing order and not from date of filing petition - Wife stated in her affidavit that she has never been employed since filing of maintenance petition before..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross-examination - Complaint filed in year 2016 and owing to dilatory tactics played by accused evidence of complainant closed and revision preferred was rejected - In year 2020 accused seeking opportunity to recall complainant for..........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power of Magistrate - S.323 Cr.P.C confers on Magistrate power to commit a case for trial to a Sessions Court at any stage of proceedings, if it finds that case is one ought to be tried by Court of Sessions - Contention that invocation of power u/s 323 Cr.P.C after framing of charge would..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against grant of bail - No materials that order granting bail suffers from no, application of mind or the reason for granting bail is not borne out from a prima-facie view of the evidence on record - Offence alleged no doubt is grave and serious and there are several criminal cases pending against accused but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii), 20(b)(ii)(c), 29, Criminal Procedure Code, 1973, Section 439 -- Post arrest bail - Recovery of hashish oil - Single Judge failed to record a finding mandated u/s 37 of NDPS Act, which is sine qua non for granting bail to accused under NDPS Act - High Court completely overlooked the underlying..........
Criminal Procedure Code, 1973, Section 70(2) -- Conversion of bailable warrants into no, bailable warrants - Offence u/s 3 of PMLA - Offences under PMLA are cognizable and no, bailable as per S.45 of PMLA Act - Court below after taking into account the nature of allegations levelled against accused, role of accused, impact of alleged offences on society and scope of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Stage for appellate Court has not reached to form an opinion whether document sought is an essential document for arriving at a just decision in the case or not - Appellate Court was required to consider this aspect of matter before coming to conclusion as to whether application filed..........
Civil Procedure Code, 1908, Order 26, Rule 4A -- Appointment of Commissioner to record evidence of plaintiff - Court has power U.O.26.R.4-A CPC to appoint Commissioner for recording evidence of plaintiff - Order allowing application calls for no interference...........
