Criminal Procedure Code, 1973, Section 389(1), 439(2) -- Suspension of sentence during pendency of appeal - Cancellation - For default of Advocate appointed by accused, appellate Court cannot penalize accused by proceeding to cancel his bail only on the ground that his advocate has sought adjournment and that also without giving an opportunity of being heard to him on the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidence of PWs is not sufficient to sustain order u/s 319 Cr.P.C - No other evidence is relied upon by complainant to support the application u/s 319 Cr.P.C - Order of summoning of additional accused set aside...........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
Criminal Procedure Code, 1973, Section 362 -- Review - Order rejecting bail - Court can consider a plea afresh if there is any alteration of circumstances - Conditions of bail could also be varied if a case is made out for such variation based on that factor - Prohibition contemplated u/s 362 Cr.P.C. does not apply in such cases...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Neither of parties filed their affidavits reflecting assets and liabilities - Trial Court granted maintenance without following the guidelines of Apex Court - Impugned order set aside - Matter remanded...........
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence committed both under POCSO Act and SC/ST Act - Order refusing bail has been passed by Special Court constituted under POCSO Act and not by..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Plaintiff has deposited the diet expenses - Once diet expenses stood deposited, it was duty of Court to issue summons to witnesses of plaintiff for securing their presence - However, without summoning of witnesses of plaintiff, his evidence has been closed - Case of plaintiff has been..........
Civil Procedure Code, 1908, Section 54 -- Partition suit - Division of revenue land - Advocate appointed as Commissioner for division of revenue land by trial Court while passing preliminary decree - Collector or any Gazetted Subordinate Officer who is deputed by collector is entitled to division of revenue land as per S.54 CPC - Preliminary decree and final decree passed..........
