Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Magistrate dismissed complaint and acquitted all accused - High Court ought to have granted leave to complainant to file criminal appeal - Having regard to nature of violations complained of and material on record, regular hearing by way of appeal before High Court was necessary..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside ex-parte order - Appeal against dismissal of application - Prayer for setting aside ex-parte order made during pendency of suit U.O.9.R.7 of CPC and not after its disposal U.O.9.R.13 - Therefore, an appeal preferred against order passed in relation to an application U.O.9.R.7 of CPC, is not maintainable -..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Offence u/ss 147, 336, 332, 353, 504 IPC - Matter appears to be trivial an trifling both - Incident does not involve grave offences or during course of which some serious crimes were committed - Refusal of consent of withdrawal of prosecution by Court below does not appear to be a very prudent..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground that there is no legal marriage between parties - However, strict proof of marriage is not required in proceeding u/s 125 Cr.P.C - Moreover, witnesses for wife in course of their evidence have stated about marriage between parties as per Hindu rites and PW2 also attended the marriage -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Rejection of application - Appellate Court has observed the empty formality of noticing the contentions of the parties and rejected the application mechanically - Order of appellate Court, not justified...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 2, 4 -- Amendment of written statement - Suit for injunction - Entire defence of deceased defendant was based on possession - If amendment sought by substituted defendant is allowed, it would amount to challenging even the title - Amendment cannot be allowed - Order calls for no..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of regular bail - While cancelling bail of petitioners Court below has not followed proper procedure and has rather decided application for cancellation of bail in a manner as if application for bail is to be rejected - Whereas, criteria for cancelling bail is on different footing and there are specific grounds..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Quantum - Carry home salary of husband Rs.1,16,885/- per month - Maintenance payable to wife and child enhanced to Rs.20,000/- to wife and Rs.8,000/- to child - Enhanced maintenance will be payable from the date of passing of order by High Court...........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 26, Rule 9 -- Divorce - Issuance of commission for recording evidence - Wife unable to afford fees of commissioner directed to be paid equally by parties - Plea of wife that she was awarded interim maintenance of Rs.2,500/- p.m. only and besides herself, was supporting a school going son and had..........
Criminal Procedure Code, 1973, Section 56, 57, 41(1)(ba), 167, Constitution of India, 1950, Article 22(1), (2) -- Transit remand - Non-compliance with mandatory provisions - In absence of remand order, detention of petitioner which exceeded 24 hours, is untenable in law - In present case, case diary was written in Marathi and its translated version was not available -..........
