Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Application by wife - Mere fact that applicant is a lady and she had difficulty in travelling may not detain Court for the reason as she is traveling daily from Lucknow to Barabanki for her job - Moreover, husband is willing to pay charges for her travel - Transfer application disposed of with..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application for anticipatory bail is not maintainable when offence is bailable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissal of suit filed by plaintiff and allowing counter claim filed by defendant - Plaintiff failed to prove their right and title over property in question on basis of pleadings as made in plaint - Whereas, defendant has successfully proved his right and title over suit property - Defendant rightly held to be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Admitted income of husband would come to Rs.3500 as per affidavit filed by him in lieu of chief examination - Even though husband alleged adultery on the part of wife to deny maintenance to her, however, nothing in evidence to prove adulterous life of wife - Similarly, though husband denied..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of maintenance allowance from date of application without recording specific reasons is not sanction of law...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Date from which payable - When a party claims maintenance by filing a petition, party must get maintenance from date of petition onwards and same is sanction of law - No doubt, deviation therefrom can be had for specific reasons to be recorded in writing and not otherwise...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - Murder - Accused is behind the bars for more than three years and till date trial not concluded - Though 31 witnesses have been examined, but 13 witnesses yet remain to be examined - Considerable time is still likely to be consumed in conclusion of trial, bail granted to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings of Courts below are in record that defendants have failed to prove that they have perfected their title by way of adverse possession - Court therefore, u/s 100 CPC cannot revisit and reassess entire evidence on record - Suit rightly decreed in favour of plaintiff...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376 -- Discharge - Rape - Charge can be framed solely on the basis of statement made u/s 164 Cr.P.C. even if such an allegation is not made in FIR or in statement u/s 161 Cr.P.C...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Can be led only on those issues of which onus to prove was on defendant...........
