Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Legitimacy of daughter is disputed by father - Daughter was born during continuance of marriage between her mother and father and that too within 280 days after their separation - No case of father that mother of daughter has contracted second marriage after separation - Moreover, in the absence of any..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deed - Earlier suit for cancellation of sale deed before revenue Court was dismissed being not maintainable - Present suit before civil Court seeking relief for cancellation of sale deed is within jurisdiction of civil Court...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Relief of grant of land/compensation qua acquired land can be adjudicated, decided and determined by Land Acquisition Officer in terms of Land Acquisition Act only - Civil Court has no jurisdiction over such relief...........
Indian Penal Code, 1860, Section 379, 380, 34 -- Theft - Dispute between two brothers regarding theft of a Will left by their father - Civil suit filed by accused stands dismissed and appeal against the same also dismissed - It can thus, safely be said that criminal proceedings are nothing but an abuse of process of law - Moreover, ingredients of Ss.379, 34 IPC were..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Where the personal income of wife is insufficient she can claim maintenance u/s 125 Cr.P.C - Test is whether wife is in a position to maintain herself in the way she was used to in the place of her husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of husband that he does not possess any source of income ipso facto does not absolve him of his moral duty to maintain his wife if he is able bodied and has educational qualifications...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Guidelines issued to Family Courts...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 227 -- Sanction for prosecution - Validity - Once cognizance was taken by Special Judge and charge was framed against accused, trial could neither have been stayed nor scuttled in the midst of it in view of S.19(3) of P.C Act - In the instant case, though the issue of validity of..........
Prevention of Corruption Act, 1988, Section 19(1) -- Sanction for prosecution - Validity - Stages of proceedings at which an accused could raise the issue with regard to validity of sanction would be the stage when Court takes cognizance of offence, the stage when the charge is to be framed by Court or at the stage when trial is complete i.e., at the stage of final..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(v), Indian Penal Code, 1860, Section 376(2)(n), 506, 354(A)(1)(i), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rape - Specific case of victim is that she was subjected to rape after giving her a cake and a bottle of water by accused and later she felt..........
