Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of status quo order - Plaintiff contended that defendant violated the interim order of status quo by removing the stall on the suit property - Contention rejected as suit property is a common passage and all the parties have equal rights - Order of status quo would only convey that parties have to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Divorced wife can launch prosecution for the acts of harassment and legal cruelty committed by her husband during the subsistence of marriage - Subsequent divorce between the parties will not have any impact on launching prosecution - Status of husband as on date of offence is relevant and not on date of filing of..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Right to appeal given to a `victim' u/s 372 Proviso Cr.P.C. is prospective - It is the date of passing of order to be appealed from and not any other fact situation, which shall determine the right to appeal of a victim...........
Indian Penal Code, 1860, Section 302, 34 -- Death by burning - Conduct of accused/husband of deceased - Deceased was not provided prompt medical treatment and she was given treatment after about five and half hours of incident - Conduct of accused for not providing medical treatment to deceased is unnatural and is not in accordance with ordinary human conduct or otherwise..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - All the four accused persons appeared at the scene of occurrence armed with deadly weapon and have actually participated in the commission of alleged offence by causing injuries to deceased by their respective weapons - There were strained relations between both the parties - Medical evidence not in..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - Order of maintenance passed after consent of parties - Plea of interpolation and over writing in order - Appellate Court upon examination of record categorically recorded that over writing has been duly initiated by Presiding officer - Parties have put their signatures on order..........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Premature complaint - Notice issued on 12.10.2010 - Complaint filed on 19.10.2010 - Complaint filed before accrual of cause of action, as 15 days period specified u/s 138(c) of the Act has not expired, is not maintainable - It is redundant to decide as to on which date cognizance was taken -..........
Rent and Eviction -- Extension of time to vacate - Tenants are poor persons - Reasonable time granted to tenants to vacate the premises on deposit of decretal amount as well as advance rent for a period of six months from the date of order along with undertaking that they shall vacate the premises in question immediately after expiry of six months...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - It is the date of taking cognizance in the matter and not the presentation of complaint which matters - In the instant case cognizance was not taken on the date of presentation of complaint - Petition to quash proceedings dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Grant of from the date of application - Court has to pass express order that maintenance is liable to be paid from the date of application - Specific reasons for awarding maintenance from the date of application are not required to be recorded...........
