Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 376(2)(N), 342 -- Bail - Kidnapping and rape - Accused is aged about 35 years and working as teacher in the school where prosecutrix studied - Prosecutrix just turned major - Considering age difference between accused and prosecutrix, it can be presumed that accused was in a position to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Agreement by wife waiving her right of maintenance - Such agreement is against public policy hence void Ab initio - Claim of maintenance by wife cannot be disputed or denied on the basis of void agreement...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorced Muslim wife is entitled to get maintenance till she remarries unless claim for `a reasonable and fair provision and maintenance' to be paid u/s 3 of Muslim Women Act to divorced wife is not paid...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was living separately due to cruel behaviour of husband - Husband not raised any contention that wife is capable of maintaining herself - Wife on the other hand specifically asserted that husband had been getting Rs.1 lakh p.m, though income of husband was not exactly proved - Husband thus, bound to..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19(4) -- Interim maintenance - Granted by Family Court - Revision u/s 19(4) of Family Courts Act is maintainable...........
Civil Procedure Code, 1908, Section 80 -- Provision of S.80 CPC is mandatory but it can be waived by defendants...........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Requirement of S.80 CPC can be waived by defendants - Once the defendants have waived the requirement of S.80 CPC by not raising the same in written statement, plaintiff cannot be non suited on the ground of premature nature of suit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of damages caused due to illegal cutting of trees and for permanent injunction - First appellate Court after appreciating the ocular evidence on record concluded that trees standing on land of plaintiffs were cut by defendants - No perversity in said findings of fact - Suit rightly decreed -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plaintiff having no objection in allowing such application - Ex parte decree set aside - Co-defendant has no right to raise objection that ex parte decree should not have been set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plaintiff having no objection in allowing such application - Question of limitation can only be decided in case application is being contested by plaintiff...........
