Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If the facts put up in a factual statement in plaint are presenting or introducing a cause of action, then a civil Court has no discretion reserved to it to reject such a plaint by borrowing outside reference, howsoever persuasive it may be, from defendant's end to discredit a plaint and factual..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Fact that husband of a woman has sufficient means and provides maintenance to her would not absolve son of his independent statutory obligation u/s 144(1)(d) BNSS (S.125(1)(d) Cr.P.C.) to support his mother if she needs it...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Divorce petition - Marital dispute between parties - There is thus, cause of action to file divorce petition - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint disclosing cause of action that is not barred by any law - Applications rightly rejected...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Mere allegation of harassment of deceased by another person not suffice unless there is such action on the part of accused which compels person to commit suicide...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Able bodied husband cannot evade his statutory duty to maintain his wife and child by merely asserting her employability or his own limited means...........
Service -- Termination - Employee cannot be held guilty of a different charge in respect of which he is not put to show cause notice - Finding of guilt which is at variance with original charge, without proper opportunity to respond offends due process and renders any order or action unsustainable...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 403 -- (Criminal Procedure Code, 1973, S.362) - Review - Criminal Court has no power to recall or review its own judgment - Only permissible action is to correct or rectify clerical errors by virtue of S.403 BNSS...........
Electricity Act, 1910, Section 39, 44 -- Theft of electricity - PWs have not deposed with complete confidence about alleged theft of electricity and use of artificial means by appellant - Most of testimonies are based on estimation, presumption, approximation or possibilities - Nothing has been brought on record to show that meter had been injured or tampered with - None..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected U.O.7.R.11 CPC at the stage of registration neither on the ground of barred by limitation nor on ground of no cause of action...........
