Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be granted merely on the ground that co-accused had been granted bail that too without even noticing the facts in detail, particularly when accused were specifically named in the FIR - Bail granted to accused cancelled...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is in custody for the last 1 year, 1 month and 11 days - Although he is involved in one more case, but that does not pertains to NDPS Act - Out of 18 witnesses as cited by prosecution, not even a single witness has been examined..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Applicant is legally wedded wife of opposite party/husband - Husband is retired and getting pension of Rs.34,656 p.m - 25% of monthly pension shall be awarded to wife - Trial Court rightly granted Rs.7000 p.m as monthly maintenance to wife...........
Civil Procedure Code, 1908, Order 40, Rule 1, 2 -- Discharge of receiver - Receiver discharges his duties at the pleasure of Court - If Court discharges receiver, he has to hand over charge forthwith to newly appointed receiver - However, at the time of discharge, receiver is adequately remunerated for work he has done - Outgoing receiver granted leave to apply before..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Parties are residing as husband and wife for a considerable long time - No specific finding given by trial Court that wife is not legally wedded wife of husband while granting maintenance to wife - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Investigation was incomplete on the day application u/s 167(2) Cr.P.C. was filed - Accused deserves to be enlarged on bail - Default bail granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Successive claims - Maintenance @ Rs.10,000 already granted to wife u/s 24 of Hindu Marriage Act - Keeping in view of spiralling inflation rates and high cost of living corresponding to reasonable needs of wife and in view of successive claims, maintenance amount of Rs.10,000 as awarded u/s 24 of..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband admitted that wife and his son is living separately at her parental home for the last two years and maintenance and educational expenses of son is born by her parents - Gross salary of husband is Rs.97,227 p.m - However, trial Court after taking into account the various..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No injunction can be granted against true owner, only when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession, not to dispossess him except according to procedure of law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claims to be absolute owner of suit property having acquired the same under registered gift deed from her husband - However, there is no reference to source of title of husband of plaintiff as per said gift deed - Even, there is no other document filed to show that husband of plaintiff or..........
