Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of - Husband produced "Pharkat Patra" to prove customary divorce - Husband took defence that wife has been living separate without sufficient cause - Held, if there was divorce under document husband cannot take defence that wife has been living separate without sufficient cause - If wife was already living..........
Civil Procedure Code, 1908, Order 1, Rule 2, 3 -- Misjoinder of parties - Held, there are two tests, which must be applied to gauge whether a suit instituted against several defendants is justified or not - If relief in respect of a series of transactions indulged by some of defendants is on a basis that they were not entitled to indulge in such transactions, where they..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 193, Evidence Act, 1872, Section 45 -- False evidence - Expert witness - Ballistic expert clearly stated his inability to give an opinion about weapon and number of cartridges fired - However in Court he deposed that cartridges appeared to have been fired from two separate weapons - Held, it is a..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Suit dismissed for non compliance of order to pay deficiency in Court fee - Application filed after three months - Plea that application U.O.9.R.4 is not maintainable - Held, nomenclature is not decisive - Even though separate application for condonation of delay was not filed however in the restoration..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Claim petition - Mere taking a plea in a claim petition that the decree obtained is collusive or fraudulent does not sub-serve the purpose - It must be established by filing a separate suit...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Suit for specific performance - Plea that agreement was cancelled by subsequent oral agreement - Held, plea though covered by issue qua enforceability of agreement but it is not sufficient - Separate issue as to whether agreement was cancelled by a subsequent oral agreement of sale, ordered to be framed with onus..........
Criminal Procedure Code, 1973, Section 173(2) -- Single FIR - Submission of two separate charge-sheets - Second charge-sheet independent and not supplementary to first one - Held, if both charge-sheets were to be accepted then result of trial would have been very confusing - Impugned order refusing to take cognizance and directing S.P., CBI/SAB/Calcutta to cause further..........
Civil Procedure Code, 1908, Section 47 -- Execution - Scope - All questions relating to execution, discharge or satisfaction of decree are to be adjudicated in executing court and not in separate suit...........
Criminal Procedure Code, 1973, Section 31, 427 -- Consecutive and concurrent sentence - Offence u/ss. 302 & 449 IPC - When sentence of life imprisonment is imposed, sentence u/s 449 IPC cannot be postponed on the ground that there is likelihood of sentence u/s 302 IPC being commuted at a future point of time - Principles of S.427 Cr.P.C. can be applied to cases where..........
Criminal Procedure Code, 1973, Section 154, 156, 190 -- More than one FIR - On same incident or different incidents arising from same occurrence - Not permissible - However, where the incident is separate and offences are similar or different or even where subsequent crime is of such magnitude that it does not fall within the ambit and scope of FIR recorded first, then a..........
