Civil Procedure Code, 1908, Section 11 -- Res judicata - Where period of limitation for filing an appeal not yet expired or has just expired, Court hearing second proceeding can very well ask party who lost first round whether he intends to appeal and if answer is yes, then it would be prudent to adjourn or stay second proceeding in order to wait outcome of appeal in first..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of complaint - Maintainability - Complaint under the Act - Earlier also husband filed criminal miscellaneous petition challenging orders passed by Appellate Court by which they summoned to appear as well as order restraining husband from dispossessing..........
Guardians and Wards Act, 1890, Section 7, Civil Procedure Code, 1908, Section 11 -- Custody of child - Modification of custody order - If there is subsequent developments or changes, which made one party eligible and other ineligible for custody or guardianship, fresh main petition is maintainable - In such event, final order passed in first main petition cannot be treated..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of boundaries - This shows that plaintiff was not aware of the boundaries over which he seek to declare his right at the time of filing suit - Plaintiff is required to be definite of his case in every aspect - Order declining amendment, calls for no interference...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Rectification of inadvertent mistake of mentioning wrong survey number - Plaintiff in his cross-examination confronted thrice about correct survey number from which cause in the suit had arisen - No inadvertent mistake or clerical mistake reflected from said testimony - Attempt on the part of plaintiff..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which maintenance payable - Failure to specify - Necessarily means that it is payable from date of order...........
Criminal Procedure Code, 1973, Section 125, 401, 482 -- Maintenance - Revision - Order enhancing maintenance u/s 125 Cr.P.C. - Earlier petition u/s 482 Cr.P.C against such order was filed by husband which was dismissed as withdrawn on the ground that there was a possibility of amicable settlement between parties - Whereas, present revision u/s 401 Cr.P.C. filed by husband..........
Criminal Procedure Code, 1973, Section 457 -- Application u/s 457 Cr.P.C - Dismissed in default - Restoration application - Maintainability - Application for restoration of earlier application by recalling order by Magistrate is not permissible under law - However, petitioner is not remediless, he has two remedies firstly to approach High Court or Session Court and..........
Criminal Procedure Code, 1973, Section 357A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Compensation to victim - DLSA (District Legal Services Authority) rejected application of petitioner on ground that Court which passed order of conviction and sentence has not further passed the order of compensation - Order of rejection set aside as..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 313, 376 -- Cancellation of bail - Offence u/ss 313, 376 IPC - Bail granted solely on the plea of community service - Granting of bail on said plea is completely unwarranted - Bail order quashed...........
