Criminal Procedure Code, 1973, Section 125 -- Divorced wife - If the divorced wife is unable to maintain herself and if she has not remarried, she is entitled to claim maintenance allowance - A divorced woman continues to enjoy status of a wife for limited purpose of claiming maintenance in view of Explanation (b) to Section 125(1) Cr.P.C...........
Civil Procedure Code, 1908, Section 92, Order 7, Rule 11 -- Leave of Court - Notice to defendant - As a rule of caution, Court should normally give notice to the defendants before granting leave to institute a suit under the said section but the Court is not bound to do so - If a suit is instituted on the basis of such leave, granted without notice to the defendants, the..........
Criminal Procedure Code, 1973, Section 202, 465 -- (a) Under Section 200 Magistrate has jurisdiction to take cognizance of an offence on the complaint after examining upon oath the complainant and the witnesses present; (b) When the complaint is made in writing by a public servant in discharge of his official duties, the Magistrate need not examine the complainant and the..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Supreme Court cannot under Article 142 convict an accused for an offence u/s 193 without following procedure prescribed u/s 195 r/w S.340 Cr.P.C. - Procedure prescribed under Section 195 r/w S.340 Cr.P.C. should be followed for prosecution of offence under S.193 IPC...........
Prevention of Corruption Act, 1947, Section 5(2), 6, Indian Penal Code, 1860, Section 161, Criminal Procedure Code, 1973, Section 465 -- Absence of valid sanction - Appellate Court not to reverse a conviction and sentence passed by the trial Court - In view of S.465 of Cr.P.C. unless failure of justice had been occasioned appellate/revisional Court is debarred from..........
Hindu Marriage Act, 1955, Section 13, 13B, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce petition - On joint request of parties an application U.O.6.R.17 to convert original petition into a petition u/s 13-B was allowed - Marriage has irretrievably broken down - No chance of reconciliation and resettlement of matrimonial home - There is substantial compliance to..........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Maintenance - Revision under S.125 Cr.P.C dismissed by Sessions Court - Second revision does not lie before High Court - Still the Court of Sessions being a Court subordinate to the High Court its proceedings are open to scrutiny in exercise of powers under Section 482 Cr.P.C...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of appeal as well as suit with permission to file a fresh suit on same cause of action - Court before granting permission must be satisfied that the suit bound to fail by reason of some formal defect or that there are otherwise independent sufficient grounds for allowing plaintiff to institute a fresh suit for..........
Civil Procedure Code, 1908, Section 35A -- The Court has to remind itself of section 35-A, Civil Procedure Code and take deterrent action if it is satisfied that the litigation was inspired by vexatious motives...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from dispossessing plaintiffs from land in a suit for declaration that defendant No. 1 is owner of suit land as recorded in Jamabandi and plaintiffs are Gair Marusi tenants of defendant No. 1, there is relationship of landlord and tenant between the parties and defendant No. 1..........
