Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Omission of words `cognizance' in impugned order is an irregularity but not an illegality - Said omission is curable u/s 465 Cr.P.C and thus, it cannot be construed that Magistrate has not taken cognizance of offence, particularly when he found prima facie case against petitioner - Impugned order..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Declaratory decree - Non-filing of cross-objection - Issues framed by Appellate Court - Effect of - In the absence of cross objection or independent appeal on behalf of respondents assailing decree granted against them, Appellate Court cannot frame issues - Order of appellate Court set aside...........
Civil Procedure Code, 1908, Order 18, Rule 4(4), Family Courts Act, 1984, Section 15 -- Kerala Family Courts Rules, 1989, R.48 - Recording of evidence on commission - Matrimonial dispute - Judge of Family Court is given power to record only memorandum of substance of what witness deposes only because judge alone can remove chaff from the grain in assessing witness -..........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Offence u/ss 457, 376, 511, 354, 354-A IPC - It is apparent that trial Court has not at all examined material available on record including site-plan and variance in allegations of FIR, police statements of prosecutrix and her statements recorded u/s 164 Cr.P.C. while framing charges - Order framing..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife turned out of her matrimonial home along with her children and forced to live separately from the last 15 years - Since then they are living in virtual dereliction - Even though order of maintenance passed way back in the year 2011 but husband not paid a single penny to his wife and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court below while rejecting plaint has not based its decision on plaint averments only - On the contrary it has looked into material produced by defendants - Such an approach on the part of Lower Court runs contrary to legal position - While rejecting plaint averments in plaint only has to be looked -..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Application of wife rejected solely on basis of qualification and her capacity to earn - Merely because wife is qualified, it is no ground to hold that she is in position to maintain herself - Trial Court erred in rejecting application without considering ability of wife to maintain herself or not - Order..........
Civil Procedure Code, 1908, Section 151 -- Oral compromise - Suit dismissed as withdrawn - Recall of order - Plaintiff was persuaded to withdraw their suit on being induced by sheer misrepresentation which was not intended to be acted upon by defendant - Plaintiff believed the defendant and abandoned his suit - For making false representation or inducing somebody to do a..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Recall of order - Order can be recalled not only in case of proved fraud, but same can be recalled by Court, ex debito justitiae, if it is satisfied that withdrawal of suit was engineered by defendants by deceit which would include constructive fraud, inducement and misrepresentation...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Court while hearing acquittal appeal can re-appreciate evidence, however, it should not interfere with order of acquittal if the view taken by trial Court is also a reasonable view of evidence on record and findings recorded by trial Court are not manifestly erroneous, contrary to evidence on record..........
