Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If a person offers to maintain his wife on condition of her living with him and she refuses to live with him, then Magistrate may consider any grounds of refusal stated by her and may make an order u/s 125 Cr.P.C notwithstanding such offer, if he is satisfied that there is just ground for doing so...........
Indian Penal Code, 1860, Section 341, 294(b), 307, Unlawful Activities (Prevention) Act, 1967, Section 44(2), National Investigation Agency Act, 2008, Section 17 -- Production of name of witnesses - Protection - There was a danger to the life of a witness, the Court was required to apply its mind to decide what measures should be taken to protect the witness as regards his..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of daughter - Father gave 5 kanals of land to daughter and 20 kanals to son - He claimed that he is not maintained by daughter despite the fact that daughter was living in her matrimonial home - No claim of maintenance is raised by father against his son..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner was neither named in FIR nor charge-sheeted after investigation and was in fact declared innocent by investigating agency - Summoning of petitioner u/s 319 Cr.P.C. is based solely on an isolated and untested statement made by PW1 during examination-in-chief, without benefit of..........
Registration Act, 1908, Section 32 -- Registration of document - It is the Decree Holder who has to present document for registration - Act does not envisage any provision requiring Court to get order or decree registered...........
Registration Act, 1908, Section 23 -- Registration of decree - Time limit for registration of an order or decree is four months when it becomes final...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has ordered civil imprisonment on account of failure of petitioner to honour decree for recovery of amount - However, Executing Court has not adverted to the fact that petitioner claims exemption u/s 60(1)(ccc) CPC - Impugned order set aside - Executing Court..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor children - Husband despite service of notice and without valid reason did not appear - Court after taking into consideration entire facts and circumstances, passed the order for payment of interim maintenance - Impugned order not on higher side and is fair and reasonable - Maintenance..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail of petitioner cancelled due to his non-appearance, as he was out of station for some urgent work - Non-bailable warrants were also issued against petitioner - Since petitioner is keen to join proceedings, order of cancellation of bail set aside with cost of Rs.10,000/-...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Dismissal of claim petition by holding that no eye witness was examined to prove rash and negligent driving - Eye witness will not be available in all cases - When FIR is lodged and charge sheet is filed there could not be a finding that negligence was not established - Order of Tribunal allowing claiming petition..........
