Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Expression `unable to maintain' in S.125 Cr.P.C. must be interpreted to mean actual inability to sustain rather than mere potential earning capacity - Expression does not mean mere capacity or capability to earn...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Highly qualified wife if not working and earning, cannot be denied maintenance on the ground that she has capacity to earn - In other words, a highly qualified jobless wife is entitled to maintenance until she secures sufficient means to support herself...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Contributory negligence - PW1 father of deceased along with deceased was engaged in changing of punctured tyre of vehicle when lorry coming in same direction driven by appellant dashed on the car killing deceased instantaneously - Photograph produced before trial Court shows that parking lights were..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Compensation as granted by Supreme Court in the criminal case shall not be deducted from the total compensation, if any granted by the Motor Accident Claims Tribunal or by any other Forum by reason of loss of dependency caused by the death of the son of PW1...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Liberty was reserved by High Court to plaintiffs to seek appropriate reliefs by filing a suit only after granting a patta and holding in favour of appellant - Therefore, question of reconsideration of those issues in suit did not arise at all - High Court was not right in raising said substantial questions of law -..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Sale made without notice to judgment debtor is a nullity, as it divests judgment debtor of his right, title and interest in his property without an opportunity - Omission of service of notice on judgment debtor, would render void the action taken and the sale in pursuance thereof...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Before depriving a judgment debtor of remedy U.O.21.R.90 CPC, it must be seen whether he had notice from executing Court and still acquiesced, by taking no action before date of sale, and if so, he would then be precluded from assailing its legality or correctness thereafter...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - JD failed to raise a material irregularity in the context of O.21.R.66(2)(a) CPC at the appropriate stage, i.e., with regard to sale of a part of property being sufficient to satisfy decree - It is not open to JD to now raise such a belated plea and blithely place burden on the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action for the purpose of O.7.R.11 CPC has to be ascertained from the contents of plaint only...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for recovery of damages for defamation - Period of limitation u/art 75 of Limitation Act would not get extended after expiry of one year from date of publication of libel - Suit is not within limitation prescribed u/art 75 of Limitation Act - Plaintiff even if proves all..........
