Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor daughters - Curtailment of right of husband to cross-examine PWs makes the testimony of PWs go totally unrebutted - Order passed by Family Court curtailing the right of husband to cross-examine PWs examined by wife to prove her entitlement to claim maintenance from her husband set aside -..........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Review of order passed under writ jurisdiction - O.41.R.17 CPC is not applicable to such an application - In absence of counsel for parties, Court is not required to dismiss in default and Court can decide the review application...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Summoning order passed either after acquittal or conviction is not sustainable...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Proceedings u/s 116 of U.P. Revenue Code - Provisions of CPC is squarely applicable to proceedings u/s 116 of U.P. Revenue Code - However, issues were not framed and evidence was not led - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 32 -- Bail - Cheating - Default bail granted to accused was cancelled by Court and was upheld by Supreme Court - There is no material change in circumstances since passing of said order - Allegations against accused..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Title suit - Dispossession in violation of order of injunction - Amendment of plaint sought to seek consequential reliefs - Trial Court while allowing amendment held that proposed amendment involving question of encroachment and recovery of possession unless incorporated by way of amendment, real..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Gravity/seriousness of the offence, requirement of evidence for the purpose of launching a successful prosecution and basically the interest of justice depending on the facts of each case needs to be considered in passing the order u/s 156(3) Cr.P.C...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Order passed U.O.7.R.11 CPC - Revision is maintainable against such an order and even otherwise, alternative remedy is not the absolute bar...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To verify construction of shops - Plaintiff has already filed one demarcation report - Evidence has not begun - Defendant will have full opportunity to cross-examine plaintiff's witnesses with regard to demarcation report relied upon by plaintiff - Liberty is thus, granted to defendant that..........
Criminal Procedure Code, 1973, Section 397, 401, 216 -- Revision - Modification of charge - Dismissal of application - It is an interlocutory order - Revision thereagainst not maintainable...........
