Civil Procedure Code, 1908, Section 151 -- Modification/vacation of interim order - Interim order can definitely be modified or vacated by a Court in exercise of its inherent powers whenever it deems fit to do so, without there being any application filed for said purpose...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife is gainfully employed is not an absolute bar for awarding maintenance - Court must assess if income is sufficient to sustain a life style commensurate with that enjoyed in matrimonial home...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a highly successful software engineer who was earning Rs.4,50,000 p.m - TDS records of husband demonstrate a substantial earning capacity - His professional qualifications and past lucrative income signify a continued capacity to meet matrimonial obligations - Wife is also earning - Interim..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance granted to wife u/s 125 Cr.P.C. and maintenance pendente lite u/s 24 of Hindu Marriage Act - Determination of maintenance u/s 125 Cr.P.C. being a final adjudication on entitlement and quantum of maintenance based on appreciation of evidence assumes primacy over any interim..........
Words and Phrases -- "Honourable acquittal", "acquittal of blame", "fully exonerated" - Expressions are unknown to the Code of Criminal Procedure, 1973 or the Indian Penal Code, 1860 and are coined in judicial pronouncements...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Parties not at issue on any material question of law or fact - Court may at once pronounce judgment...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Framing of issues where defendant does not present a defense is not mandated, still the importance of framing of issues cannot be underscored...........
Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Judgment - Points for determination - When a defendant fails to appear or file a written statement, Court cannot dispense with points for determination altogether...........
Civil Procedure Code, 1908, Order 14, Rule 6 -- Framing of issues - Ex parte suit - Framing of issues in an ex parte suit though not mandatory by virtue of O.14.R.6 CPC, but judgment must be in conformity with provisions of CPC - Thus, O.20.R.4 CPC comes into picture - Courts must determine points for determination which are like issues and answer them to resolve matter of..........
Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Judgment - Points for determination are Court's restatement of disputed questions (issues) that were placed before it and judgment must answer each - They serve to concentrate Court's reasoning and ensure completeness of adjudication...........
