Criminal Procedure Code, 1973, Section 125(1)(a)(b), Family Courts Act, 1984, Section 19(4) -- Maintenance - Entitlement - Wife employed as teacher and drawing fixed salary - No pleading that minor child is in a position to maintain himself but admittedly he was not a party in the case filed by opposite party - Family Court was pleased to allow claim of maintenance in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit challenging notice to remove encroachment allegedly made on public way - Third party are adjoining land owners and as a result of unauthorised construction raised by plaintiff, their right to access is affected - Applicants have existing cause of action against plaintiff and also have entitlement..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Sessions judge directing further investigation in Sessions Case - Legality - Held, Sessions Court does not have power to direct further investigation - Once cognizance is taken of offence, Court cannot direct further investigation to be made - Impugned order liable to be quashed - Petition allowed...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Withdrawal of suit - Restoration thereof - Legality of - Counsel, who made statement for withdrawal of suit, was counsel for LRs of plaintiff No.1 only and was not counsel for plaintiffs No.2 and 3 - Trial Court dismissed suit as withdrawn qua all plaintiffs - Held, he had no authority to withdraw suit on behalf of plaintiffs..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Plaintiff had not been able to prove that property in dispute was joint property of the parties - Trial Court was of the view that appellant will not suffer any irreparable loss in case suit is decided finally, but has failed to consider that if it comes in the conclusion that property in..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - By detention in prison - Order passed without issuing show cause notice to J.D. which is mandatory - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 97 -- Child was in custody of his mother - Issuance of search warrant and directing custody of child to be given to father - Legality - Held, S.97 Cr.P.C. is restricted in its application for issuance of direction for search of a person wrongfully confined - Admittedly when the child was in custody of his mother there was no reason to..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Held, it is settled law that any acquittal order cannot be lightly interfered with by appellate Court, though it has wide powers to review evidence and to come to its own conclusion - Power to grant leave must be exercised with care and caution because presumption of innocence is further strengthened..........
Criminal Procedure Code, 1973, Section 397, 401, 319 -- Additional accused - Summoning of - Validity - Court below while passing order u/s 319 Cr.P.C. has not recorded any specific finding as to whether or not evidence adduced if unrebutted, would be sufficient to record a conviction against petitioners - Held, in absence of such finding, impugned order cannot be sustained..........
Criminal Procedure Code, 1973, Section 173(8), 482 -- Further investigation - Filing of supplementary charge-sheet - IO filed charge-sheet for offence u/ss 498-A, IPC and S.3/4, DP Act did not conduct the fair investigation though the case was also registered u/ss 307, 326, 504, IPC - Other IO carried out further investigation and filed a supplementary charge-sheet against..........
