Criminal Procedure Code, 1973, Section 125 -- Maintenance to two daughters - Daughters are residing along with their mother and they have not provided any records demonstrating that father is paying maintenance amount to them - Petitioner being a father is legally bound to maintain the daughters and provide an excellent education to his daughters - Father is running a..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet was filed within 180 days but same was not accompanied by FSL report - FSL report was filed as part of a supplementary charge sheet filed beyond 180 days from the date of arrest of petitioner and after he applied for statutory..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate authority is required to consider and decide the application U.O.41.R.27 CPC either while passing the main judgment or by virtue of a separate order of even date at the time of deciding the appeal - Since the same is not done, impugned order set aside - Matter remanded back..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Dismissal of appeal - Non-appearance of appellant/accused - Appeal dismissed, as there was no representation for appellant on the date of hearing of appeal - Dismissal of criminal appeal in default cannot be legally sustained and as such, same is liable to be set aside -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Defendants have been debarred from filing written statement just after 98 days of service of summons, though they had appeared and filed an application, praying for time to file written statement - Since statutory period prescribed U.O.8.R.1 CPC is directory in nature, interest of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Investigation of case is complete and charges were framed and presented - Out of 25 PWs, none has been examined till date - Accused has undergone actual custody of 8 months and 5 days and there is one other case registered against him -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16(6) -- Appeal - Appellate Tribunal shall make all endeavours to decide appeal within one month from the date of receipt of appeal - In the instant case, appeal has been received in the office of appellate Tribunal on 17.8.2023 and till date, it is still undecided - Appellate Tribunal directed to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deductions - Deductions reflected in husband's salary which would constitute deferred income that will accrue to him at a future date, cannot be excluded from the computation of his financial capacity while determining the wife's and minor child's entitlement to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is compelled to live separately - Husband holding post of Sub-Inspector in CISF avails several additional emoluments, allowances and non-monetary benefits by virtue of his official position - Maintenance enhanced from Rs.10,000 to 15,000 pm in favour of wife and from Rs.5,000 p.m to Rs.10,000 to minor..........
Service -- Seniority - Determination - Once an incumbent is appointed to a post according to the rules, his seniority has to be reckoned from the date of initial appointment and not according to the date of confirmation, unless the rules provide otherwise...........
