Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions made from the gross income of husband, which are on account of own volition cannot be permitted - However, statutory deductions, which are mandated by law and beyond the control of husband can be taken into account...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Offence u/s 23 of the Act - If any willful acts done by parents by taking the child for protest, satyagraha, dharna etc, stringent action should be taken by law enforcing authorities...........
Service -- Promotion - Sealed cover procedure - Charge sheet against respondent was filed well after the meeting of Departmental Promotion Committee (DPC) was convened - Hence, it could not be said that prosecution for a criminal charge was pending against respondent when DPC was convened - Move on the part of DPC to resort to the sealed cover procedure was unjustified and..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Issues - Application filed to frame issue qua counter claim after final arguments were heard - Trial Court to frame an issue qua counter claim but defendant would not be at liberty to lead any evidence at this stage qua said issue and Court to decide the issue..........
Indian Penal Code, 1860, Section 302 -- Murder of pregnant woman - Allegations against mother-in-law and father-in-law - No demand of dowry proved by PWs - Prosecution failed to prove involvement of appellants except the statement of mother of deceased which is not relevant because remote events cannot directly connect the happening of incident in question - Benefit of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife assaulted her mother-in-law - However, factum of grievous injuries suffered by mother-in-law on being assaulted by sharp edged weapon was not proven to any extent - What may have occurred may therefore, continue to be described as a family squabble which may never..........
Compromise decree -- Setting aside - Compromise may be void or voidable, it is required to be set aside by filing a suit within period as permissible under law - Contention that a void decree can be challenged at any time or that law of limitation does not apply to challenge such a decree, has no merits...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law and father-in-law - Deceased died otherwise than under normal circumstances within seven years of her marriage - Testimonies of PW-1, PW-2 and PW-3 do not indicate that any demand for dowry was made by appellants either before or at the time of marriage of deceased with..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission against law - Where question and its answer are both a mixed question of fact and law, a so called admission against law can never be an admission as visualized U.O.12.R.6 CPC...........
Interpretation of statue -- Statutory laws operate from the date of their enforcement i.e. prospectively - In case legislature intends to make a law retrospective then such an intention of legislature must be shown clearly and unambiguously in the statute itself...........
