Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorcee - Divorced woman is entitled to maintenance u/s 125 Cr.P.C. - Order granting maintenance upheld...........
Criminal Procedure Code, 1973, Section 437 -- Fresh bail application - Bail obtained at stage of investigation u/ss 420, 504, 506 IPC - Subsequently summoning order issued u/ss 307/34, 420, 504, 506 IPC - Without surrender prayer for bail in the newly added section cannot be considered...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Averment that applicant is the promoter and controller of the company - No averment as to how and in what manner the promoter and controller is responsible for the conduct of the business of the company or otherwise responsible to it in..........
Criminal Procedure Code, 1973, Section 401 -- Revisional power of High Court - Exercise of - Held, revisional power of High Court u/s 401, Cr.P.C. though very wide and purely discretionary, same is to be fairly exercised according to exigencies of each case - It is well settled that it is normally to be exercised only in exceptional cases when there is glaring defect in..........
Indian Penal Code, 1860, Section 148, 149, 120B, 500, 506, Criminal Procedure Code, 1973, Section 203, 245, 255, 378 -- Appeal against acquittal - Magistrate discharged accused as there was not sufficient material to frame charge against them - Revision against - Order for framing of charge passed - Held, that trial Court cannot pass an order of discharge in a summons case..........
Criminal Procedure Code, 1973, Section 190(b), 173, 204 -- Summoning of accused not charge sheeted by police - Accused not charge sheeted in the police report filed u/s 173(2) Cr.P.C. - Magistrate has power to take cognizance u/s 190(b) of the Code even against those accused who are not charge sheeted - Magistrate can ignore the conclusions arrived at by the IO after..........
Criminal Procedure Code, 1973, Section 482 -- Summoning order passed on a charge sheet - Magistrate need not to pass a detailed order - Only when complaint is dismissed Magistrate is bound to pass a speaking order - Summoning order passed by Magistrate upheld...........
Criminal Procedure Code, 1973, Section 82, 85 -- Rights of tenant - An order of attachment of property has nothing to do with the right of tenancy - Terms and conditions of tenancy, being governed by statute, tenant cannot be evicted except in accordance with law...........
Civil Procedure Code, 1908, Section 16, 20, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Ad interim injunction cannot be granted by a Court within whose jurisdiction parties reside but immovable property is situated outside its territorial jurisdiction - Territorial jurisdiction in a case seeking possession of immovable property lies in a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Can be granted only in exceptional cases - No specific pleadings that flour mill in the shop in question was definitely in possession of the plaintiffs - Not a case of exceptional circumstances - Order declining temporary mandatory injunction upheld...........
