Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- (Criminal Procedure Code, 1973, S.407) - Transfer of case on the ground of judge being biased - Husband contended that he faced serious threat to life at a place `S' where wife's people are influential - Husband who is an accused in proceedings could seek for appearance through a counsel or by video conferencing,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Any amount already paid under orders passed in parallel proceedings can always be adjusted at the stage of execution - This by itself, does not render impugned order of granting maintenance illegal...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Evidence of plaintiff was closed after giving fifth opportunity to lead evidence - Even on the date when order of closure of evidence was passed, no list of witnesses was filed by plaintiff - Sufficient opportunities were granted to plaintiff to lead evidence - Evidence of plaintiff..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Allegations made in complaint and other material on record suggested that goods belonging to complainant have been removed from demise premises - Even, goods which were source of foul smell were removed from premises but other..........
Indian Penal Code, 1860, Section 420, 468, 192, 471, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.420, 468, 192, 471 IPC - Quashing of FIR - No allegation in FIR discloses any inducement, much less fraudulent or dishonest inducement, on part of any person which has resulted in parting with property by respondent-3 - Even, allegation that notice prepared in..........
Criminal Procedure Code, 1973, Section 439(2) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.483(3) - Cancellation of anticipatory bail - Cancellation sought on the ground that respondent failed to comply with terms of settlement/agreement arrived at between parties during pendency of anticipatory bail - However, it is nowhere mentioned in order if respondent failed to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint allegations disclose that cheque was issued for discharge of liability - Ingredients of S.138 of N.I. Act are prima facie made out from complaint allegations - Order of quashing set aside - Complaint restored...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Furnishing security in lieu of attachment - Once suit is decreed security furnished pursuant to an order U.O.38.R.5 CPC survives and enures to the benefit of DH - At the stage of execution liability of surety arises in terms of bond furnished by him...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Dismissal of writ appeal - No error apparent on face of record in the order of dismissal of writ appeal - Counsel who argued writ appeal has not filed review petition and same has been filed by another counsel - Petitioner by filing review petition is wasting precious time of Court by filing..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
