Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Execution - Plea that wife is not entitled to maintenance as she is living in adultery - Such plea is not available in a petition for execution of award of maintenance - In the event of change of circumstances order can be got modified u/s 127 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Offence u/s 294 IPC - - Order taking cognizance - Quashing of - Offence u/s 294 IPC alleged to have been occurred in the room of Managing Director of company - Held, office room of MD/petitioner cannot said to be a public place - A necessary ingredient of offence u/s 294 of the IPC is that it must occur in a `public place'..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Dispute with regard to 6 feet wide pathway - Illegal construction in the nature of wall alleged to be made by defendant in the said pathway - The question whether defendant has a right over a six feet wide passage or whether the wall constructed thereon is valid and whether..........
Criminal Procedure Code, 1973, Section 125, 62 -- Order granting maintenance - Review of - Held, order passed by trial Court in proceeding u/s.125 CPC is neither an order of acquittal nor a conviction - Equally, it is not a discharge order too - On husband's application, trial Court can modify/recall/review ex parte order of maintenance ordered, if circumstances so require..........
Criminal Procedure Code, 1973, Section 125, 62 -- Ex parte order granting maintenance - Revision against - Held, not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Long after commencement of trial - Amendment sought came to the knowledge of plaintiff from the written statement of defendant and the said plea was responded by the plaintiff in his replication and inspite of that amendment was not sought long after commencement of trial - Order allowing amendment, set..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document admitted in evidence and marked exhibit - Permission was granted to take away the document to produce the same before another Court - However, document was produced before Sub Registrar and thereby made payment of deficit stamp duty - Court found remarkable changes in document - Application to take back the document..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Amendment sought to seek alternative relief of possession - There is no embargo on the plaintiff claiming such an alternative relief - Unless the prayer sought to be made by way of amendment is barred by law, Court shall make a liberal approach in allowing the application..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - By way of amendment of plaint relief of declaration of title, recovery of possession and mandatory injunction claimed - Such amendment does not alter the nature of suit - Order allowing amendment, upheld...........
Criminal Procedure Code, 1973, Section 227 -- Application for discharge - Dismissal - Legality - It is alleged that adulterated and intoxicated drugs in 24 bags were recovered from possession of revisionists and after investigation, charge sheet for offences punishable u/ss 274, 275, 276, 419, 420, 411 IPC and 18/27 of Drugs and Cosmetics Act and 8/21 of NDPS Act was..........
