Criminal Procedure Code, 1973, Section 125 -- Maintenance by married daughter and her minor brother - Application for maintenance dismissed and revision there against was filed by married sister alone - Revisional Court exercised suo moto power u/s 399 Cr.P.C to set aside dismissal order passed against minor brother on the ground of locus standi and granted maintenance to..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Accused himself came forward and has undertaken to appear before trial Court on each and every date - Sole purpose of issuance of non-bailable warrant or issuance of proclamation is to secure presence of accused before trial Court - Order declaring accused as proclaimed offender set aside...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Dismissal of application - Magistrate is not bound to pass order for registration of FIR in every application u/s 156(3) Cr.P.C. - In the instant case application filed u/s 156(3) Cr.P.C as a counter blast to FIR lodged by opposite party - Admittedly, applicant and opposite party are..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife and daughter - Enhancement of - Salary of husband has increased manifold - Wife is suffering from some ailment and requires recurring medical expenditure - Though daughter has become major in the meanwhile but there is nothing to show that she had become financially independent or was got married at the time..........
Criminal Procedure Code, 1973, Section 156(3) -- FIR not registered - Investigation u/s 156(3) Cr.P.C. can be carried out only under an order passed by a Magistrate...........
Criminal Procedure Code, 1973, Section 200, 202 -- Summoning of accused without recording evidence u/ss 200, 202 Cr.P.C is against the mandate of law - Summoning order quashed...........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Objection was raised in written statement that suit was false and vexatious - Suit withdrawn by plaintiff and same was not decided on merits - Trial Court failed to pass any order about payment of costs - Trial Court directed to pass order in accordance with law as to whether defendant is entitled to costs - If..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused summoned by trial Court after relying on FIR and statement of complainant and other witnesses recorded u/s 161 Cr.P.C - Revisional Court without considering material placed on record set aside the order of trial Court allowing application u/s 319 Cr.P.C - Order of Revisional Court set..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted by holding that application for extension is filed without any valid basis - However reasons given u/s 43D(2)(b) of Unlawful Activities (Prevention) Act, 1967, were clearly made out and explained in the extension letter - Police report u/s 173(2) Cr.P.C had already been submitted prior to last date of..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 39, Rule 2A -- Police protection - Violation of order of temporary injunction or decree of permanent injunction - A party may file an application U.O.39.R.2-A CPC or file an execution petition U.O.21.R.32 CPC and can also file an application seeking police protection - Any person claiming..........
