Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - While reviewing an order, Court or tribunal must be satisfied that there was an error apparent in its previous order, which warrants the exercise of its power to review...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Maintenance should reflect not merely monthly income but the full financial capacity of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deductions - Deductions reflected in husband's salary which would constitute deferred income that will accrue to him at a future date, cannot be excluded from the computation of his financial capacity while determining the wife's and minor child's entitlement to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Child not impleaded as party to proceedings - However, proof of neglect by husband towards his wife and minor child can be sufficiently proved by wife qua the child also - Right of minor child to claim maintenance remain subsumed within mother's petition for maintenance, even if child has not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is compelled to live separately - Husband holding post of Sub-Inspector in CISF avails several additional emoluments, allowances and non-monetary benefits by virtue of his official position - Maintenance enhanced from Rs.10,000 to 15,000 pm in favour of wife and from Rs.5,000 p.m to Rs.10,000 to minor..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Non-framing of points of determination - If the disputed questions involved in the lis have been elaborately dealt with, judgment of first appellate Court cannot be set aside only for want of framing points for determination...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deeds - Plaintiff did not establish by cogent evidence regarding his status as that of an illiterate person so as to dislodge the sale deed and exercise of undue influence having not been proved - However, burden having been sufficiently discharged by defendant as regards due execution..........
Indian Penal Code, 1860, Section 509 -- Referring defacto complainant as a prostitute - Allegation that accused stated so to inmates of flat and nearby shop owners and not used the derogatory text directly to the defacto complainant - As such first part of offence of S.509 IPC is not made out...........
Indian Penal Code, 1860, Section 509 -- Referring defacto complainant as a prostitute - Allegation that accused stated so to inmates of flat and nearby shop owners and not used the derogatory text directly to the defacto complainant - Even though statement alleged to be spoken by accused persons was not intending to be heard by defacto complainant or seen by her, but to..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Re-issue of Commissioner warrant - Advocate Commissioner was appointed on an application U.O.26.R.9 CPC and he has filed his report along with plan - He was not able to collect plan from revenue officials - Re-issue of Commissioner warrant would arise only if re-course is taken U.O.26.R.10 CPC - Considering issue involved in..........
