Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - CBI did not arrest the accused during course of investigation at any stage - Accused himself surrendered, after submission of final police report - Complainant neither filed any private complaint against accused nor complained to higher authorities against the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - No evidence as to why wife is living separately - Dismissal of application - Held, Court should have specifically asked wife by putting specific query as to why and under what circumstances she was living with her parents - Impugned judgment and order set aside - Matter remanded to proceed afresh...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Pre-trial amendments be allowed liberally than those which are sought after commencement of trial - In instant case, trial of suit had already commenced - Proposed amendment could not be said to be not in the knowledge of defendant - Rejection of application - Order upheld...........
Indian Penal Code, 1860, Section 452, 353, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Assault - Quashing of summoning order - Four years after obtaining decree of divorce wife filed a complaint against her husband that he came to her house with his family members and assaulted her - Held, complaint was lodged only to wreck vengeance and seek vendetta by..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal conspiracy - Quashing of proceedings - Averments in complaint so as to infer fraudulent or dishonest inducement made by accused No.1 and accused No.2 pursuant to which appellant parted with money - It is the case of appellant that Respondent No.2 does not have..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Distinction between provision of O.26.R.9 and O.39.R.7 CPC - O.39.R.7 CPC can be used while dealing with a temporary injunction or an interlocutory order and O.26.R.9 CPC can be used at any stage of the trial...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 22, Rule 5 -- Eviction proceedings - Impleadment as legal heir - Trial Court ordered that application of petitioner for impleadment as legal heir of plaintiff to be decided by Court after receiving evidence from parties on issues framed in this behalf - Held, matter of..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Jurisdiction - Plaintiff founded his cause of action on the basis of admission on the part of defendant - It is immaterial that plaintiff had in its reply to the notice taken a contrary view - However, the fact that defendant can explain the admission and explain the circumstances so that it is not bound by..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal from decree - Stay of decree - Imposition of condition - Held, an order imposing a condition of deposit at the time of granting stay of decree appealed from is an order in equity and not in law - Condition is imposed to afford reasonable compensation to party successful at the end of appeal - Purpose of order is not to..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal from decree - Stay of decree - Imposition of condition - Held, appellant cannot be heard to contend that it accepts order insofar as it stays execution but objects to conditions...........
