Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 304, 411, 34 -- Bail - Offence u/ss 379-B, 304, 411, 34 IPC - Accused is in custody since 02.03.2022 - There is no likelihood of trial concluding in near future as 18 more PWs remain to be examined - Accused is not involved in any other criminal case - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Husband despite allegation of adultery made efforts to reside with wife and he filed application u/s 9 of Hindu Marriage Act - Allegation of adultery was purely made on basis of doubt - Evidence adduced by husband is thus, not sufficient enough to draw a conclusion that wife was living in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband is continuously residing at Mumbai which is a metro city - Maintenance of Rs.4000/- p.m to wife and two minor children as ordered by trial Court is not a huge amount - Maintenance rightly awarded...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Absence due to fever and sickness of nephew - Restoration application filed immediately - Medical evidence - It is highly unlikely to expect a medical record for each illness which incapacitate the party from appearing on a given day, particularly when bona fide of the party is..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff absent for one day and litigation stood stalled for a period of 10 years in trial Court - Reason for absence is due to fever and sickness of nephew of plaintiff - Restoration application filed immediately along with evidence affidavit - Application for restoration allowed..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 9, Rule 13 -- Applications for restoration of suit and setting aside ex parte decree - Guidelines issued to avoid delay in disposal of said applications: (i) At Numbering Stage- Such petitions shall be checked and numbered within a period of three (3) days; (ii) At Notice Stage- After..........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Death of proprietor - Substitution of legal heirs - Legal heirs of proprietor are entitled to prosecute the litigation in the event of death of proprietor of a proprietary concern - Application rightly allowed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An error which is not self evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on face of record justifying Court to exercise its power of review U.O.47.R.1 CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An erroneous order may be subjected to appeal before Higher forum but cannot be subject matter of review U.O.47.R.1 CPC...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Merely because other accused are acquitted, it cannot be a ground not to continue investigation against accused - Order granting anticipatory bail set aside...........
