Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Wife casually appointed - Maintenance granted keeping in view salary drawn by wife - In case service of wife is regularised and she is earning more then it is always open for husband to move trial Court for modification of maintenance order...........
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 28 -- Objection u/s 28 for rescinding of contract on account of delay in deposit of amount - Objections rejected by Trial Court after holding that there is no condition in decree requiring DH to deposit money with in a stipulated period - Order of rejection attained finality - Not open to challenge..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Suit for permanent injunction - Application u/o 39 R 1 & 2 for interim injunction - Declined by Trial Court - First Appellate Court, disposed of appeal & main suit in terms of statement made by plaintiff - Decree sheet drawn up. Held - Order of First Appellate Court not an order simplicitor permitting withdrawal of appeal...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Determination of question as to legal representative - Plaintiff died - On application for impleading as LRs the Trial Court held respondent as LR of deceased - Order not challenged, attained finality - Cannot be re-opened in appeal - Question as to who is LR of a party to suit is required to be determined in terms of O. 22..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - Applies at different stages of same proceedings - Dispute as to LRs of deceased plaintiff decided by Trial Court - Order not challenged attained finality - Raising again the question regarding LRs in Second Appeal or SLP - Barred by principles of resjudicata - Principles of resjudicata applies in different stages of..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 154 -- Re-examination of witnesses - Material witnesses declared hostile - Request of hostile witness for re-examination - Plea of witness that earlier he did not speak the truth being under threat from accused - Where the evidence of any person appears to be essential to the just decision of the case,..........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Furnishing of copy of plaint for service of defendant - Provisions directory not mandatory - Dismissal of suit on account of non furnishing of copies of plaint, harsh action - Order set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 385, 386 -- Dishonour of cheque - Conviction - Appeal - Admitted and notice ordered to be issued to the complainant - Non appearance of accused - Appeal cannot be dismissed for default - Appellate Court has to peruse the record and pass an order on merits...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - Private partition - Each of the co-owners in possession of a specific area and plaintiff raised construction of three shops and leased out land in favour of a brick kiln owner - Private partition is possible even in the absence of an order passed by authorities concerned - Held,..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Public servant - Sanction for prosecution - Some of the materials on the basis of which sanction was granted not proved - Do not vitiate the order of sanction...........
