Consumer Protection Act, 1986, Section 13, 27, Civil Procedure Code, 1908, Order 21, Rule 32, Criminal Procedure Code, 1973, Section 251, 262 -- Non compliance of order of District Forum - District Forum to execute the decree and take penal action against the respondents by following the procedure u/s 262 r/w Chapter XX and S.251 of the Code of Criminal Procedure in..........
Criminal Procedure Code, 1973, Section 127, 125 -- Enhancement of maintenance - Date from which payable - It is discretion of Court to enhance maintenance either from date of order or from date of application - In the instant case enhancement of maintenance made applicable from the date of application - No illegality in exercise of jurisdiction by trial Court in its..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Protection of Women From Domestic Violence Rules, 2006, Rule 6(5), Criminal Procedure Code, 1973, Section 125 -- Maintenance order passed u/s 12 of Act of 2005 - Non payment of maintenance - Civil imprisonment - Order passed u/s 12 of Act of 2005 is enforceable in the same manner as laid down u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 244, 247 -- Private complaint - Pre charge evidence - Accused has valuable right to cross examine witness of complainant at the stage of pre charge evidence - Trial Court as well as Sessions Court committed grave error by not permitting accused to produce document on record and not allowing him to ask questions to witness of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissed in default - Complainant absent on the date fixed for appearance of accused - U/s 256 Cr.P.C., in case complainant is absent on the date fixed for appearance of accused, Magistrate has power to adjourn the hearing of case to some other..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint for want of jurisdiction - Appeal U.O.43 CPC - Maintainability - Appeal U.O.43 CPC against order of return of plaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Conviction u/s 138 of the Act - Compounding of offence - Accused compromised the matter with complainant - Memorandum of compromise filed before High Court, but no relief was granted to accused - As matter has been compromised between parties, order of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58 -- Execution - Attachment of property - Objections by third party claiming right, title and interest in attached property - Prima facie appears to have no link with JDs - Opportunity not granted to parties to produce material evidence in support of their respective pleas - Impugned order dismissing objection..........
Criminal Procedure Code, 1973, Section 413, 414 -- Death sentence - Following procedural safeguards must be observed while executing death sentence: (i) principles of natural justice must be read into the provisions of Ss.413, 414 Cr.P.C. and sufficient notice ought to be given to convict before issuance of a warrant of death by Sessions Court that would enable the convict..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Setting aside - Fraud - Court has inherent power to recall and set aside order obtained by fraud practiced upon Court or when Court is mislead by party even though applicant is not a party to suit...........
