Civil Procedure Code, 1908, Section 100, Order 42, Rule 2 -- Second appeal - Non-formulation of substantial question of law - High Court not framed any substantial question of law, at the time of admitting appeal, and left the same open at the time of hearing of appeal - Defendants neither challenged the said order nor insisting High Court to formulate substantial question..........
Indian Penal Code, 1860, Section 406, 506, Criminal Procedure Code, 1973, Section 482 -- Misappropriation of stridhan - Quashing of summoning order - Applicants are parents-i, law of complainant - Complainant in her statement made different allegation than allegations made in complaint - There is no allegation against mother-i, law of complainant - Even complainant has not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife working as Anganwadi worker - Actual earning of wife is paltry and she would require full maintenance in order to enjoy reasonable comforts as well as bring up her child - Order granting maintenance of Rs.1500/- to wife and Rs.500/- to the minor son, restored...........
Criminal Procedure Code, 1973, Section 193, Indian Penal Code, 1860, Section 341, 323, 325, 307, 452, 149, 147 -- Cognizance of offence - Offence u/ss 341, 323, 325, 307, 452, 149, 147 IPC - Sessions Judge not heard petitioners before summoning accused, which is prejudicial to them - Petitioners deprived of valuable right accrued in their favour as contemplated u/s 401..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201, Prevention of Corruption Act, 1988, Section 13(2) -- Framing of charge - Cheating and forgery - Allegation that accused should have retired a year back but still serving and there is difference in his date of birth as far as service book and certificate concerned - Entry..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where certain plea is raised and decided in execution proceedings and order thereon attained finality, same plea cannot be allowed to be agitated again by filing a separate suit, as it is barred by law of res judicata...........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Withdrawal from prosecution - Cheating - Forgery - Tampering of mark sheet - Alleged forged mark sheet not recovered by prosecution - Even respondent no.2 in whose favour alleged mark sheet is forged had not taken any..........
Criminal Procedure Code, 1973, Section 145(4) -- Restoration of possession - Magistrate obliged to record a specific and clear cut finding in order to grant restoration of possession of property that party has been forcibly and wrongfully dispossessed within 2 months on which report of police officer or other information was received by Magistrate or atleast 2 months prior..........
Criminal Procedure Code, 1973, Section 145(4) -- Restoration of possession - Plea that no finding is recorded by Magistrate that respondent dispossessed prior to 2 months from date of passing of preliminary order - Such plea goes to root of matter - Even though such plea never raised either before Magistrate or before Sessions Court, same can be raised before High Court in..........
Criminal Procedure Code, 1973, Section 145(4) -- Restoration of possession - Magistrate while passing order of restoration of possession not recorded a finding that respondent was forcefully and wrongfully dispossessed prior to 2 months from date of passing of preliminary order - Such finding is sine qua non for passing order of restoration of possession u/s 145(6)(a) of..........
