Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order u/s 125 Cr.P.C. is tentative and is subject to final determination of rights in a Civil Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte proceedings was filed nor husband..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order u/s 125 Cr.P.C. is tentative and is subject to final determination of rights in a Civil Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte proceedings was filed nor husband..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question which would require adjudication of facts cannot be dealt with while passing order U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration, permanent injunction and compensation - Matter already compromised between parties - Parties were already placed in possession of their respective allotments - Plaintiff seeking declaration in respect of mango trees standing in the land allotted to defendants, is a mixed question of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Property dispute - Claim over land by defendants/daughters of owner - Plaintiff claimed that father of plaintiff was Gaddi and belong to Scheduled Tribe community and according to custom daughters does not inherit property of their father - However, no material on record to prove custom in..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Charges framed u/ss 466, 467, 468, 471, 474, 120, 204, 120-B, IPC - Role attributed to petitioner in commission of alleged offence was not part and parcel of his act or purported act in discharge of his official duty attached to his office of a Government Advocate or Public Prosecutor..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - Offence under Prevention of Corruption Act - Special Judge has power to pass order u/s 156(3) Cr.P.C. as a Court of original criminal jurisdiction and this power is not restrained or specifically denied by any statue - Moreover, complaint was pertaining to offences under P.C. Act and the only..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - Expression `officer in charge of police station' means Magistrate cannot order any police officer other than one who is in charge of police station within his jurisdiction to conduct investigation...........
