Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 457, 323 -- Quashing of order - Order taking cognizance - Offence u/ss 457, 323 IPC - Complainant lodged FIR not knowing person who committed the offence - However, in complete contradiction to this, he stated in his statement that he very well knew the petitioner - This contradiction itself makes..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Application u/s 12 of the Act - Maintainability - Merely because order u/s 125 Cr.P.C. is passed, it cannot be said that application under PWDV Act is not maintainable, as PWDV Act itself provides a separate application for claiming residence and monetary reliefs..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle from interim custody - No specific order passed by trial Court to confiscate the vehicle - Trial of case still pending - There is no provision under NDPS Act debarring release of vehicle for interim custody - Vehicle in question ordered to be..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Marriage and inability of wife to maintain herself not disputed - However, living separately by wife not justified - Wife willingly left husband and living with some other person alleged to be her new husband - Material made available by husband sufficient to rebut claim of wife for interim maintenance -..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 8, Civil Procedure Code, 1908, Order 11 -- Right to Information Act, 2005 - Discovery of documents - Collector though proceeded in summary manner to act as civil court under CPC but it cannot deny prayer on ground that petitioner would seek remedy under RTI - Order set aside and matter..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court while considering prima facie case has to examine defence sought to be raised by defendant - However, Court cannot make observations regarding merits of document and plea raised by defendant as it is wholly unnecessary for the purpose of arriving at a finding regarding prima facie case - Such..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Plaintiff has to establish beyond any shadow of doubt that defendants had committed disobedience or breach of order of injunction, as in such proceedings principles of criminal law as to appreciation of evidence apply...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Appreciation of evidence - Different in a suit and application U.O.39.R.2-A CPC, as such, suit and such application has to be decided separately...........
Civil Procedure Code, 1908, Section 11, Order 8, Rule 6A -- Counter claim - Suit dismissed and counter claim decreed - Appeal against order allowing counter claim has to be filed separately - Composite appeal is not maintainable against judgment and decree of trial Court by plaintiff whereby suit was dismissed and counter claim was decreed - Admittedly, no separate appeal..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Trial Court recalling witnesses on the ground that no specific question put to witnesses to personally identify each and every accused in dock - However, all accused person were present before Court at the time of examination of witnesses - Moreover, after more than one year of recording of evidence,..........
