Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Marriage between parties has been declared null and void by declaratory decree - It shall relate back to date of marriage - Once marriage of parties itself has been declared void-ab-initio, subsequent relationship between parties is of no consequence - Since there is no relationship..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application for setting aside ex parte order was filed on the very next day when ex parte order was passed - No delay on part of petitioner - Petitioner cannot be blamed for delay caused in disposal of suit - Merely because suit is pending for more than 10 years, petitioner cannot be put into..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - While passing order of sentence after determining fine/compensation, Court shall also pass an order to pay future interest @ 9% p.a. on the compensation amount payable to complainant by fixing time of one/two months to deposit compensation amount so that even if matter is challenged..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Sentence of fine - Transaction between complainant and accused Nos.1 to 3 was business transaction that took place in the year 2009 - Conclusion of trial has taken nearly four years - Matter which was taken in appeal has taken nearly 1-1/2 years and matter is pending before High Court since nearly..........
Criminal Procedure Code, 1973, Section 284, 285 -- Video conferencing - Recording of evidence - Witnesses are living in USA - Use of video conferencing for recording of evidence is no longer an exception but a recognized and judicially endorsed norm - Mere fact that respondents have alleged mala fide intent on part of petitioners based on pending criminal case and absence..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - If parties settle their disputes amicably in order to live peacefully, it is duty of Court to encourage such actions by quashing FIR, charge..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Defendant contended that suit property was allotted to his father in partition, but he has not produced any document to show that suit property was ancestral property - Plaintiffs on the other hand proved their right and title based on Assignment Order in respect of suit property - They have..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In order to consider application U.O.7.R.11 CPC, Court has to look into averments in the plaint and same can be exercised by trial Court at any stage of suit - At that stage, pleas taken by defendant in written statement are wholly irrelevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application allowed by Commercial Court on the ground that suits are barred U.O.2.R.2 CPC and U.O.23.R.1(4) CPC - Copies of previously filed plaints were not before Commercial Court - Unless previous plaints were not produced before Commercial Court, it could not have based on contentions of respondents,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Date of payment of maintenance - Family court awarded maintenance of Rs.4,000 per month from the date of order - However, maintenance is required to be paid from the date of filing of application as the period during which maintenance proceedings remains pending is not in the hand of applicant - Maintenance..........
