Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary charge sheet - Magistrate cannot take cognizance of a supplementary charge sheet submitted after further investigation if it does not contain any fresh oral or documentary evidence...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal - Order setting aside ex parte decree and remand of case - Suit decided without affording opportunity to parties to adduce evidence on the issues framed - Trial Court therefore decided the suit without following due procedure of law, which is gross illegality in the eyes of law - Order setting aside ex parte decree..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to condition for deposit of Rs.10 lakhs - Huge amounts were due from defendant to plaintiff - Defendant is continuing in possession of property under license agreement for past four years without paying any amount either as lease amount or license fee - Court had imposed a condition for..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Death of defendant - Substitution of LRs - Condonation of delay - Suit is at the stage of evidence of defendants - Court at that stage generally lean in favour of deciding lis between parties on merit rather than shutting out hearing on the grounds of technicalities - Moreover, petitioners..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - First appellate Court has not uttered a single word in respect of dispute between plaintiffs and defendants on merit, but erroneously remanded the matter back for giving an opportunity to interveners whose claim against defendants is based on entirely different story and cause of action - Order of remand set aside -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions - No deduction is permissible for payment of monthly installment of personal loan and it should be added in net monthly income of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely on the ground that wife is B.A pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Enhancement - Maintenance allowance fixed in favour of wife without considering the evidence on record - Net monthly income of husband is Rs.43,020 pm - Wife entitled to Rs.10,000 p.m which is approximately 25% of monthly income of Rs.43,020 as maintenance allowance...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement of suit - Death of one of defendants - When there are more than one defendants, entire suit cannot be held to be abated on the death of one of defendants, as right to sue survives against other defendants - Power of exemption is available to Courts U.O.22.R.4(4) CPC...........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C - Primary factor for deciding application u/s 311 Cr.P.C is essentiality of evidence to arrive at a just decision of the case...........
