Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of Act of 1986 - Quashing of FIR - Allegation that appellants being member of gang led by A-1 were involved in three criminal cases - However, said criminal cases do not appear to fall within the net of violence or threat..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Non-recording of satisfaction itself makes such order suffering from incurable illegality and renders the proclamation and proceedings subsequent thereto a nullity...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward and has undertaken to appear before trial Court on each and every date of hearing, order declaring petitioner as proclaimed person and..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC allowed prior to deciding the main appeal - Order allowing application set aside on this short ground - First Appellate Court directed to consider the application U.O.41.R.27 CPC r/w S.151 CPC for additional evidence afresh along with main..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of party - Duty is cast upon pleader to intimate Court about death of party as per O.22.R.10-A CPC - Once court is informed by pleader of a party that he is no more, Court `shall' notify opposing party of death - However, when information regarding party's death is conveyed to Court in presence of opposing party's..........
Civil Procedure Code, 1908, Order 15A -- Fixation of rent - Court is competent to fix a provisional rent after affording opportunity to both the parties - In order to fix such rent, Court considered the previous amount of rent for same schedule property, the area where it is situated and other relevant factors - Even if defendant pleads in written statement that no arrears..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order granting maintenance passed without complying the directions of SC in Rajnesh Vs. Neha case - Non-compliance of such directions does not render the order granting maintenance vitiated under law - Purpose of filing affidavit of disclosure of assets and liabilities is to clarify stand of parties in..........
Civil Procedure Code, 1908, Section 35 -- Costs - Vexatious litigation - Where one of parties misuse the process or attempt to obtain an order by trick and stratagem, Courts would be justified in imposing costs for igniting such vexatious litigation...........
Civil Procedure Code, 1908, Section 35 -- Costs - Vexatious litigation - Action of appellant to approach High Court again and again for implementation of interim order passed in dismissed writ petition lacks bona fides of appellant and imposition of cost is fully justified...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - S.125(2) Cr.P.C empowers Court to award maintenance from date of order but same has to be justified in the background of attendant facts and circumstances and should not cause unnecessary hardship to applicant...........
