Limitation Act, 1963, Section 5 -- Condonation of delay - No bar to exercise discretion to condone delay in absence of a formal application - However, Court can always insist that an application or an affidavit showing cause of delay be filed - Court did not commit an error in restoring the application, which was dismissed in default and there was delay in filing..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Husband is working as a salesman on daily basis and earning Rs.350 per day - However, husband is in jail because of his inability to pay maintenance to his wife and child - Since husband is earning Rs.9000 as per his affidavit, he is directed to pay Rs.4500 as interim maintenance to wife and child..........
Criminal Procedure Code, 1973, Section 391, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Additional evidence at appellate stage - Re-examination of victim - Rape of 17 years old girl - Victim clearly stated in her evidence that she was 17 years on the day of occurrence and accused had made a false promise that he would marry her and against her..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Legal Representation - Permission to file affidavit of LR as plaintiff - Once plaintiff had filed affidavit and he was even partly cross-examined and thereafter he closed his evidence, LR who stepped into shoes of plaintiff after his death cannot file another..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Court to decide application by considering and clarifying, may be briefly, as to how the stated documents are relevant and in what context after analysing relevant pleadings including evidence already brought before Court, in the form of affidavit of evidence...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit by accused - Accused cannot be permitted to file affidavit in lieu of examination-in-chief in proceedings u/s 138 of the Act...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Claimed by father - Family Court granted custody of both the children to father - However, custody of younger son continues with mother - Husband have not paid maintenance to wife and children - Even, wife in order to avoid further disharmony is willing to forgo her claim over arrears of maintenance - Affidavit..........
Service -- Freedom Fighter's Pension - Earlier application for claim of pension was rejected and said order became final being not challenged - After 13 years of such rejection, respondent again made a second time claim for pension - Respondent not disclosed his earlier rejection by producing earlier orders while making second time before appellant and also before High..........
Criminal Procedure Code, 1973, Section 372, 2(wa) -- Appeal against acquittal - By father of victim - Not maintainable - As regarding impleadment application filed on behalf of victim, same is also not in order, as it is not supported by affidavit of victim nor any reason has been given in this regard - Even, she has not engaged counsel for filing appeal as there is no..........
Evidence Act, 1872, Section 137 -- Closure of right to cross examine witness - Court gave last chance to cross examine with cost, number of times but witnesses not cross examined - High Court granted one last opportunity to cross examine witness and counsel gave an undertaking that he will not seek any further adjournment - Last opportunity availed but still adjournment..........
