Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Interim maintenance to wife - Mere capacity to earn cannot be equated with actual earnings - When it is admitted that wife is not gainfully employed, question whether she deliberately remained unemployed to extract maintenance, can only be ascertained after evidence is led by..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144, 146 -- (Criminal Procedure Code, 1973, Ss.125, 127) - Interim maintenance to wife - Enhancement of - Husband is earning in foreign currency and is residing in USA - Consequently, he is also required to incur expenses in foreign currency and standard as well as cost of living in USA cannot be equated with that..........
Criminal Procedure Code, 1973, Section 439(2) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.483(3) - Cancellation of bail - Bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow accused to retain his freedom by enjoying concession of bail..........
Criminal Procedure Code, 1973, Section 439(2) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.483(3) - Cancellation of anticipatory bail - Cancellation sought on the ground that respondent failed to comply with terms of settlement/agreement arrived at between parties during pendency of anticipatory bail - However, it is nowhere mentioned in order if respondent failed to..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Execution of agreement to sell, payment of earnest money and fixing of date of execution of sale deed admitted - It was the positive case of plaintiffs that they had remained present in the office of Sub-Registrar for execution of sale deed but defendant did not turn up..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a natural legal heir - Suit for declaration claiming inheritance and challenging Will - `S' being another son of deceased/father of plaintiff is a natural legal heir - He is thus, a necessary party to suit, as in the event Will is set aside, inheritance would devolve upon natural heirs - `S' would be entitled..........
Civil Procedure Code, 1908, Section 39 -- Execution - Arbitral award - Enforcement of an award through execution can be filed anywhere in country where such decree can be executed - There is no requirement for obtaining a transfer of decree from Court which would have jurisdiction over arbitral proceedings...........
Civil Procedure Code, 1908, Section 39 -- Execution - Executing Court could not have returned execution petition for presentation to proper Court in view of S.39 CPC - If executing Court found that decree is necessary to be executed by another Court of competent jurisdiction, executing Court can transfer the decree in view of S.39 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint allegations disclose that cheque was issued for discharge of liability - Ingredients of S.138 of N.I. Act are prima facie made out from complaint allegations - Order of quashing set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings at threshold - Court is required to examine whether allegations made in complaint along with materials in support thereof make out a prima facie case to proceed against accused or not - In exceptional circumstances, Court may take..........
