Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficiently earning wife - Wife is drawing salary at a higher rate than that of husband - She is not entitled to maintenance from husband - Impugned order of granting maintenance to wife set aside - However, husband directed to pay Rs.10,000/- monthly maintenance each to two children...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Elements necessary to constitute an order a decree are : (i) There must be an adjudication; (ii) Such adjudication must have been given in a suit; (iii) It must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit; (iv) Such determination must be of a conclusive..........
Civil Procedure Code, 1908, Section 100, 35B, 2(2) -- Second appeal - Default in payment of costs - Dismissal of suit - Dismissal of suit for default on ground of no, payment of costs, cannot be termed as adjudication of suit on merits - Such order does not amount to decree - Second appeal, not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants and their men, agents, associates from causing any obstruction/disturbances or interference in free ingress and egress of plaintiff and their vehicles in suit property - Disputed gate and passage over which plaintiff is claiming some reliefs are neither mentioned in pleadings..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Mere non filing of medical certificate itself is not a valid ground to dismiss the petition - Court has to take into consideration totality of facts and circumstances of the case while passing an order in the interlocutory applications...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Trial Court dismissed application U.O.9.R.13 CPC without assigning any reasons much less cogent and valid reasons - Mere no, filing of medical certificate itself is not a valid ground to dismiss the application - Court has to take into consideration totality of facts and..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26, 20(1)(b) -- Maintenance - Adjustment of amount awarded under provisions of PWDV Act - Interim maintenance awarded under PWDV Act is not in addition to amount already granted in any other civil or criminal proceeding, same is certainly liable to be adjusted against..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - First Appellate Court committed error in disposing of application independently during pendency of appeal - Application U.O.41.R.27 CPC has to be decided along with appeal only - Impugned order set aside - Application restored...........
Criminal Procedure Code, 1973, Section 427(2) -- Multiple sentences of life imprisonment - Concurrent running of sentences - There is no bar to declare sentence to suffer imprisonment for life in connection with multiple cases, but Court must be mindful that all subsequent life sentences must run concurrently and not consecutively as mandated u/s 427(2) Cr.P.C - Impugned..........
Criminal Procedure Code, 1973, Section 173(2), 167(2), Evidence Act, 1872, Section 114(e) -- Presentation of challan - Presumption of judicial acts - Judicial order on record shows that challan has been presented before Court on 5-2-2018 - Ahlmad in its report also stated that challan was filed on 5-2-2018 - There is thus, presumption in law that judicial acts are..........
