Practice and Procedure -- Litigant who has not availed appropriate legal remedy against an order cannot be permitted to re-agitate the same issue before same Court at any subsequent stage of proceedings...........
Clean hands -- When a person approaches Court, he should approach Court not only with clean hands but also with clean mind, clean heart and clean objective...........
Clean hands -- Maintenance petition u/s 125 Cr.P.C. - Wife claimed herself to be illiterate and unemployed - However, in cross examination she admitted that she is earning Rs.36,000/- per month - Wife has not come to Court with clean hands - Wife is not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife suppressed the material facts and claimed herself as a illiterate and unemployed woman in her affidavit - However, when document filed by husband was shown to her before trial Court, she admitted her income during cross-examination - Wife thus, not came to Court with clean hands - If a petitioner is..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to major unmarried daughter - Major Hindu daughter is entitled to maintenance from her father u/s 20 HAMA as long as major daughter is unmarried and is unable to maintain herself out of her own earnings and property - Mere fact that no application is filed under..........
Indian Penal Code, 1860, Section 376(2)(n), 420 -- Rape - Refusal to marry - Victim herself admitted in her cross-examination that she indulged in physical relationship despite refusal of appellant to marry her - She had supported the bail application of appellant before High Court and had travelled along with his relative to High Court - Victim was thus in relationship..........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction of civil Court - Rent proceedings - By virtue of S.21 of the Act, provisions of CPC apply to Rent Tribunal only to the extent expressly permitted and Rent Tribunal not being a civil Court, cannot have its proceedings mechanically equated with a civil suit...........
Practice and Procedure -- Court or Tribunal before issuing direction for consideration without examining merits must first satisfy itself that claim relates to a alive issue - If claim pertains to a stale or dead issue, Court must put an end to matter rather than enable avoidable, successive rounds of litigation...........
Constitution of India, 1950, Article 136 -- Special Leave Petition - Where petitioners were not parties to proceedings and they seek issuance of similar directions in their own cases, such a course cannot be granted by invoking extraordinary jurisdiction of Supreme Court u/art 136 of Constitution, particularly when it does not arise from an adjudication of petitioner's..........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - Court has to apply its mind at the time of framing charges not in great detail but by providing brief reasons in support of its opinion...........
