Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Expression `any person' used in S.319 Cr.P.C means any person who is not being tried by Court in the ongoing trial - It includes even such persons who were named in the FIR but not charge-sheeted after investigation - Even such persons who were discharged at the stage of framing of charge are..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient means available with him to pay the amount of permanent alimony to wife - He has inherited the retail outlet from his father - Various other immovable property referred by trial Court indicates that husband is a man of adequate financial means - It is the responsibility of husband to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of res judicata, cause of action, under valuation, limitation have to be decided on trial but the same cannot be a ground for rejection of plaint, especially when parameters of O.7.R.11 CPC are not satisfied...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering plea of discharge, Court cannot look into any document other than prosecution records either presented by accused or by any other means which do not form part of prosecution records...........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Non-compliance with decree of restitution of conjugal right - Both the parties jointly filed a petition for restitution of conjugal rights and a decree was passed - However, neither party took steps to enforce the decree for restitution of conjugal rights and more than a year had passed without any such action -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - Petitioner is a woman suffering from ill-health since the onset of COVID-19 pandemic and is unable to procure 20% of cheque amount which is..........
Stamp Act, 1899, Section 47A(3) -- Expression `reason to believe' means some material on the basis of which department can re-open proceedings - However, satisfaction is necessary in terms of material available on record, which should be based on objective satisfaction arrived at reasonably...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff "having no cause of action" and plaint "discloses no cause of action" are two different situations - When plaintiff would not have any cause of action for suit, suit would ultimately be dismissed but if plaint does not disclose any cause of action, plaint would be rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - `Prima facie case' means that there is a serious disputed question to be tried in the suit and that an act, on the facts before the Court, there is probability of plaintiffs being entitled to the relief asked for...........
