Criminal Procedure Code, 1973, Section 127 -- Enhanced maintenance - It is a matter of discretion of Court whether to allow enhanced maintenance from the date of application or from the date of order...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Enhancement - Liability of husband to pay installments by obtaining various loans etc. is no reason to deny maintenance to wife - Maintenance enhanced from Rs.8,500 to Rs.12,000 p.m from the date of passing of impugned order...........
Criminal Procedure Code, 1973, Section 482 -- Application u/s 482 Cr.P.C. - Maintainability of revision cannot be a bar for entertaining an application u/s 482 Cr.P.C. - State not able to show as to how the impugned orders were revisable - The only alternative remedy available is to challenge the impugned order u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 452 -- Release of gun and belt of cartridges - Since these two articles had been used in commission of heinous offence of murder, their return to heirs of murderer pinches the judicial conscience - More so, owner of said articles had neither charged nor convicted for any offence under Arms Act, therefore articles in question cannot be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent power of Court u/s 482 Cr.P.C. can be exercised as an exception and not as a rule - Three circumstances under which Court can exercise its inherent jurisdiction, are : (i) to give effect to an order under the Code; (ii) to prevent abuse of process of Court; (iii) to otherwise secure the ends..........
Criminal Procedure Code, 1973, Section 473 -- Summoning order - Limitation - Question not raised before Magistrate - This can be suitably raised by accused as and when they appear before Court below as it is the jurisdiction of Magistrate alone at this point of time - High Court cannot usurp the right of Magistrate u/s 473 Cr.P.C. and decide the point of limitation -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Leave to appeal - As per complaint, accused was on business terms with complainant and he used to borrow money from her time to time - However, during cross-examination complainant deposed that she was not running any business and has no knowledge regarding..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transfer pendente lite - Impleadment - Suit for specific performance - Impleadment of subsequent transferee is necessary for effective and complete adjudication and to settle all questions involved in the suit - No doubt impleadment at this stage would cause delay but ends of justice would be adequately met in case suit is..........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Trial Court not satisfied regarding status of possession of parties - Civil suits filed by both the parties pending - Both the rival parties are desperate to take possession of land by any means as land is worth crores of rupees and this fact is enough to conclude that there is all possibility of breach of..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - A person cannot be held guilty of disobedience merely on the basis of constructive notice or surmises - For constituting the wilful disobedience of the injunction order the disobedience must be wilful and both should be proved by cogent evidence...........
