Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125, 127, Civil Procedure Code, 1908, Order 23, Rule 3 -- Maintenance - Compromise in a petition u/s 125 Cr.P.C. whereby consolidated amount towards permanent alimony paid and wife giving up any future claim for maintenance - Petition for maintenance by wife u/s 18(2) of Hindu..........
Civil Procedure Code, 1908, Section 151 -- Closure of evidence as witnesses were not present - Court passing such an order has power to recall its own order and allow a witness to be examined...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Partition suit - Amendment of plaint - Impleadment - Application moved by plaintiff praying that some of defendants be deleted from array of parties and some co-sharers not impleaded in original plaint be added as defendants allowed by Court below observing that same has not been..........
Negotiable Instruments Act, 1881, Section 138, 143(1), Criminal Procedure Code, 1973, Section 326, 260(2) - - Dishonour of cheque - Trial - Held, when trial not likely to be concluded within six months, Magistrate should record his opinion that trial of case by summary procedure is not desirable and that case to be tried as summons case, in which event legal hurdle u/s.326..........
Criminal Procedure Code, 1973, Section 203, 482 -- Issue of process - Remedy - S.203 or for that matter no provision in the Code provides for recall or review of the order issuing process - Remedy lies u/s 482 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Setting aside ex parte order - In an execution proceeding after passing through all those stages pursuant to sale and delivery of property belonging to J.D., effected in compliance of the rules and formalities thereunder is over, any application moved by J.D. with reference to non receipt of a notice U.O.21.R.22..........
Civil Procedure Code, 1908, Section 34 -- Interest - No contract for payment of interest - Award of 12% interest on amount due on the basis of rate of interest paid by Banks to its customers on long term deposit - Order upheld...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Complaint - Pre-mature quashing petition - Held, if protection officer's report does not support complaint then complainant would fail - Therefore, order quashing complaint before such procedure would be premature and unjustified...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Exercise of power by Court - Held, grant or refusal of an interim injunction in a civil suit is the most important stage in civil trial - Due care, caution or diligence should be taken by judicial officers and judges while granting or refusing injunction - Once an injunction is granted, it..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Sending document to handwriting expert for his opinion on certain discrepancy which came to knowledge after cross examination of expert - Discrepancy alleged was available on the file at the time of cross examination of expert - It will be presumed that petitioner was aware of..........
