Criminal Procedure Code, 1973, Section 155(1), 155(2) -- Non-cognizable offence - Magistrate has passed an order on requisition submitted by SHO of Police Station by writing the words as I.O. is directed to conduct investigation - Said endorsement on requisition submitted by Police Officer is not a judicious order having applied its mind and there is no application of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree passed with direction to petitioner to remove obstruction on approach road and further restraining petitioner from causing obstruction to plaintiff's right of way - Said decree makes a reference to a map in which road is shown - Entire dispute revolved around the access road leading from..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Auction sale - Executing Court normally follow procedure U.O.21.R.64 CPC while selling property - Further, Executing Court shall sell entire property or only a portion of it, as deemed necessary to satisfy decree - If petitioner is able to show that property worth is more than decretal amount than value of amount..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 178 -- Cruelty - Quashing of summoning order - Lack of territorial jurisdiction - Prima facie evident that mental cruelty was still persisting in wife's mind while she was staying at her parental home as demand for valuables was still being persistently being made by petitioners - On taking..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Fraud if any whether perpetrated at the first instance of valuation, or later is a matter which could be unearthed only after a trial based on evidence led by parties - But, as of now in no circumstances, it can be said that no prima facie case..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Income of father is many times higher than income of mother - Responsibility of a parent to maintain his minor child is unqualified and without any exception - Child is thus, entitled to seek maintenance from his father according to his need, his educational qualification and personal needs commensurate to..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Divorce decree - Where parties have moved on with their respective lives, it would be unjust and unfair to compel accused to go through tribulations of trial - Order of discharge by trial Court upheld...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Scope of revision against acquittal filed by a private party is very limited - Only in exceptional cases where there is some glaring defect in procedure or manifest error or illegality, perversity or infirmity in judgment of lower Court which had resulted in flagrant miscarriage of justice,..........
Civil Procedure Code, 1908, Section 100A -- Intra Court Appeal - Not maintainable once Single Judge of High Court decides an appeal arising from original or appellate decree or order...........
Civil Procedure Code, 1908, Section 100A -- Intra Court Appeal - Once intra Court appeal against order sought to be reviewed is not maintainable, then order rejecting an application for review cannot be assailed through medium of intra Court appeal because there can be no challenge to order rejecting review application unless order sought to be reviewed is challenged...........
