Protection of Women From Domestic Violence Act, 2005, Section 29, 23, 12 -- Interim maintenance - Though husband may have personal financial commitments, those cannot override his primary duty to maintain his wife - Maintenance rightly granted...........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Non-conducting of Test Identification Parade - When no specific allegation was levelled against some of accused in FIR, then obviously it was duty of prosecution to prove its case beyond reasonable doubt by leading evidence of identification before Court..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360 -- Withdrawal of prosecution - Duty of Court - Court must consider whether public prosecutor applied his mind as a free agent uninfluenced by irrelevant and extraneous or oblique considerations while requesting withdrawal - Court must exercise its judicial discretion by considering all materials placed before it by..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Infringement of trade mark - Appellant tendered apology for infringement and stated that same had occurred due to a bona fide mistake and had not been sold directly by Company but through some agents prior to injunction order - Though there was no clear finding of lower Court as to willful..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Insufficiently stamped document - Original document has not been produced - Party cannot be permitted to lead secondary evidence in the absence of instrument in original to make up deficiency of stamp duty and to be dealt in accordance with S.35 of Stamp Act - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If at the stage of final hearing of appeal, Court is of opinion that substantial question of law framed at the time of admission is not involved in appeal, or does not arise for consideration, it will be open for Court to hold so, however, a duty is cast on Court to record reasons for..........
Customs Act, 1962, Section 14 -- Custom duty - Encashment of bank guarantees offered as security cannot be treated as payment of customs duty...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Appellate Court apart from recording its concurrence to findings recorded by trial Court has not assigned any reason in support of its conclusions - Being final Court of fact, it is duty of appellate Court to re-appreciate the evidence independent of findings recorded by trial Court and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance company is only to indemnify loss of estate of insured, that too, in monetary terms, by pecuniary compensation - Monitoring victim of accident and ensuring his well being in future will not be duty of insurer nor can such an obligation be cast on it...........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering plea for condonation of delay, first and foremost duty of Court is to first ascertain bona fides of explanation offered by party seeking condonation rather than starting with merits of main matter - Only when sufficient cause or reasons given for delay by litigant and opposition of other side is..........
