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 -..........
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 - Magistrate before whom a transit application is filed, is not required to merely satisfy himself that..........
Criminal Procedure Code, 1973, Section 397, 401, 256 -- Revision - Maintainability - Order of acquittal u/s 256 Cr.P.C - Revision not maintainable against such order, provided the same is invoked appropriately and in a judicious manner...........
Criminal Procedure Code, 1973, Section 256, 204 -- Dismissal of compliant u/s 256 Cr.P.C - At the stage of issuance of process - Compliant dismissed on account of no, payment of process fee or other fees by complainant within reasonable time - Complainant not complying the Court's direction - Provision of S.204(4) Cr.P.C is thus, applicable - Magistrate was to dismiss the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside of exparte decree - Society purchased land from 6 joint owners including father of respondent - Since society have purchased land reasonable opportunity to be afforded to society - High Court ought not to have set aside order setting aside decree and remanded matter back to trial Court - Trial Court directed to..........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Decree passed - Wrong Khasra numbers mentioned - Amendment of plaint and correction in judgment and decree - If plaint involved some omission, the same can be rectified just to advance the real spirit of the lis between the parties on all equitable legal considerations - Order allowing amendment of plaint and..........
