Criminal Procedure Code, 1973, Section 439 -- Bail - Order refusing or granting bail - When not furnish the reasons then there is presumption of non application of mind...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 397, 147, 148, 149 -- Cancellation of bail - Murder - Total 27 ante-mortem injuries found on the head of deceased - Cause of death was coma - Contention of accused that deceased fell from bike and sustained injuries which led to death rejected, as it is not for Court to assess in detail..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to deceased son who died during pendency of proceedings - Liability of father - Son died in a road accident during pendency of proceedings - Father's liability to maintain son continued from date of order till date of his death and thus, liable to pay maintenance to mother as maintenance allowance for son...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand of case by First Appellate Court - Trial Court not disposed of suit on preliminary issue without recording evidence and giving its decision on rest of issues - First Appellate Court instead of remanding case to trial Court decided matter on basis of evidence on record - Judgment and decree of first Appellate court set..........
Criminal Procedure Code, 1973, Section 482, 228, Indian Penal Code, 1860, Section 302, 34 -- Quashing of charges - Murder case - There is sufficient ground for proceeding against accused and frame charges against accused - At the stage of framing charge, Court is not required to hold an elaborate enquiry, only prima facie case is to be seen - High Court committed error in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of summoning order - Misappropriation of Streedhan - Prima face case is made out against accused as per material on record and looking into facts of case - Disputed question of fact cannot be adjudicated upon u/s 482 Cr.P.C - Petition dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Complaint shows that appellant had incorporated ingredients necessary for prosecuting the respondents for the offences alleged - Question whether appellant will be able to prove the allegations in a manner known to law arise only at a later stage - Order quashing complaint, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is legally wedded wife of petitioner/husband - She was driven out of her matrimonial home - Husband being an able bodied man is morally and legally bound to take care and maintain his legally wedded wife - Order directing husband to pay Rs.5000 to wife held, proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order against husband - Personal service not affected upon husband - It is not the case of wife that husband deliberately tried to avoid service of summons - Although husband not filed application u/s 126(2) Cr.P.C, but went in revision assailing ex parte order - Opportunity of hearing in the..........
