Criminal Procedure Code, 1973, Section 125, 126(2) -- Ex parte maintenance order passed by Family Court - Setting aside - Application for setting aside ex parte maintenance order passed by Family Court can be preferred by husband before trial Court...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Under the garb of O.26.R.9 CPC, assistance of Court should not be sought to collect any favourable evidence as onus of proof of their case lies on respective parties by adducing evidence at appropriate stage...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute with regard to vacation of shops in question - Physical inspection of shops in question is thus, relevant and will be of certain use and assistance of Rent Controller for deciding relationship inter se tenant and landlord as to whether it exists on land owned by landlord -..........
Indian Penal Code, 1860, Section 420 -- Cheating - Quashing of FIR - FIR in question lodged by complainant subsequent to complaint u/s 138 of N.I Act filed against him - Complainant admitted that he issued cheque which is subject matter of complaint case filed by petitioner - Petitioner cannot be allowed to be prosecuted for bald allegations, burden to prove whereof is on..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 365 -- Anticipatory bail - Offence u/s 365 IPC - Accused has joined investigation - No custodial interrogation is required - Interim bail granted to accused is made absolute subject to conditions envisaged u/s 438(2) Cr.P.C - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - No certificate of age of victim has been exhibited during trial by any of PWs - Doctor's opinion is only evidence available in the case which may be relied upon - Doctor opined that age of victim was below 18 years and if we add 2 years..........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Victim left her home alone and she boarded auto-rickshaw on her own on the date of incident as per PWs - She travelled with accused and stayed with him for about eight months and there is no evidence that she was ever detained by accused..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Accused is in custody for nearly two years four months - Case is at the stage of trial - Two witnesses have been examined and 26 witnesses are proposed to be examined by prosecution - Bail granted to accused...........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit for recovery - Non-appearance of defendant - Condonation of delay - O.37.R.3 CPC clearly provides for defendant to make his appearance before Court within a period of 10 days after service of summons - However, defendant after a period of 20 days made his appearance before Court and presented..........
