Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Once an application for stay U.O.39.Rr.1,2 CPC is filed along with appeal, it is incumbent upon Appellate Court to decide the same expeditiously, particularly where allegations of interference and breach of peace are raised...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Application pending before First Appellate Court since 2019, yet no decision has been rendered till date - Appeal has been adjourned from time to time merely on the ground that arguments are not being addressed, resulting in undue delay and prejudice to petitioners - Inaction of appellate Court for such..........
Live-in-relationship -- If petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into live-in-relationship with a third person without seeking divorce from earlier spouse - He/she first has to obtain decree of divorce from Court of competent jurisdiction before solemnizing marriage entering into live-in in a relationship..........
Protection to life and liberty -- Live-in-relationship - Nothing on record primarily to show that petitioners are living as husband wife or they have solemnized marriage after obtaining divorce from earlier marriage - Neither proof of joint account, financial security, joint property or joint expenditure is produced before Court nor any document is produced before Court..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of quashing, Court is not required to conduct a mini trial - Court has to only consider whether any sufficient material is available to proceed against accused or not - If sufficient material is available, power u/s 482 Cr.P.C. should not be exercised...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Prima facie allegations of harassment and demand of dowry are made out - However, despite that High Court quashed FIR against respondents primarily on the ground that earlier two complaints that were filed by appellant did..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by first appellate Court in an appeal, where both appellants had expired prior to appeal being heard - Decree passed in favour of dead persons is nullity - Thus decree passed by trial Court is liable to be executed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of rent petition - Typographical error - Nature of amendment is not substantive but in fact is corrective in nature therefore, amendment cannot be rejected on this ground alone - Typographical mistake/correct provisions of law can always be placed before Court as they do not lead to any dispute on facts and they do..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - A person accused in FIR but removed from list of accused during course of investigation - During course of trial, appellant being a witness, will certainly have an opportunity to adduce evidence regarding all the persons who according to her participated in commission of offence - If such evidence is..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Reasons given by appellant for her non-appearance and delay are bona fide and constitute sufficient cause - Trial Court has erred in rejecting restoration application on technical grounds, thereby depriving appellant of an..........
