Criminal Procedure Code, 1973, Section 125 -- Grant of maintenance - Effective date - Petitioner did not pray for interim maintenance at the time of filing or during pendency of application for maintenance - Husband paid maintenance to wife for period of Iddat - Held, under the circumstances, maintenance has been granted from the date of passing of the order...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Grant of - Husband was having illicit relationship with his aunt and due to this wife was living separately - Despite several efforts husband was not willing to forsake that relationship - Held, finding of family Court that petitioner/wife has become disentitled from claiming maintenance as she has refused to..........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Maintenance - Award of maintenance allowance amounting to Rs.1,000/- per month to wife from the date of application - Revision thereagainst filed by husband - Question of living with her husband has been fully considered and lower Court has given well reasoned findings with regard to justification of wife for living..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Advance notice - Service of - Held, if petitioner is required to be arrested in any criminal case, he would be given five days notice in advance to be served personally upon petitioner in order to enable him to avail legal remedy available to him as per law - Order accordingly...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482, 320, Constitution of India, 1950, Article 227 -- Dishonour of cheque - Compounding of offence - Offer of compounding offence made by petitioners has been rejected by respondent and consequently no compromise has been arrived at between the parties - Held, respondent cannot be..........
Negotiable Instruments Act, 1881, Section 138, 256, Criminal Procedure Code, 1973, Section 482 - - Dishonour of cheque - Complaint - Dismissal for no, prosecution - Validity - Petitioner failed to appear on date fixed by trial Court because of wrong noting of date by his Counsel - Complaint dismissed for no, prosecution and accused acquitted - Held, it is a fit case for..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of Appellate Court - General principles - (1) Appellate court has full power to review, reappreciate and reconsider the evidence upon which order of acquittal is founded; (2) CrPC puts no limitation, restriction or condition on exercise of such power and appellate Court on evidence before it..........
Civil Procedure Code, 1908, Section 115A - - Applicability - Eviction suit - Order for payment of arrears of rent - Revision against - Revisional application was pending before Additional District Judge when the said amendment came into force - Held, since the District Court u/s 115-A of CPC exercises the same revisional power as High Court, restriction upon such power by..........
Civil Procedure Code, 1908, Section 115A, West Bengal Premises Tenancy Act, 1997, Section 17 - - Eviction suit - Order for payment of arrears of rent - Revision - "Other proceeding" - Held, an application under the provisions of S.17 of the West Bengal Premises Tenancy Act cannot be said a proceeding which is independent and distinct in its existence from the suit itself -..........
Criminal Procedure Code, 1973, Section 172, 173(1), 482 -- Criminal case - Investigation - Delay - Report was lodged in the year 2009 but investigation is yet to be completed and conclusion is to be sent to concerning Magistrate - Held, fair and prompt investigation is a must and it is to be completed without any unreasonable delay - Despite of investigation being with..........
