Criminal Procedure Code, 1973, Section 125, 311 -- Maintenance to wife - Further cross examination of wife sought to confront wife with certain conversation recorded by husband on his mobile - Conversation of wife recorded without her knowledge and behind her back which amounts to violation of her right to privacy and also right of wife guaranteed u/art 21 of Constitution..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for compensation for wrong done - Mere injury or wrong done without anything more would not suffice to sustain claim of compensation - Wrong done takes both the act and effect - In the instant case, death of daughter of plaintiff happened in Delhi but its..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254 -- Dishonour of cheque - Production of two promissory notes by which accused had taken loan and to discharge the amount he issued the cheques which were dishonoured - Copies of said promissory notes were already provided to accused before trial Court - Order allowing application of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceedings u/s 125 Cr.P.C are primarily civil in nature and summary proceedings and strict rules, rules of evidence are not applied by Courts in summary proceedings - Impugned order of rejection of application by Court below taking hyper technical approach that marriage of husband with wife has not been..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and possession - Once the title of plaintiff's vendor acquired under sale deed is established and purchase of same property by plaintiff i.e his father on his behalf under registered sale deed is held by two Courts, there was no reason or justification to interfere with concurrent..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- More than one party - As between the parties to the suit, the serial order in the cause title is not determinative of the order of their examination as witnesses...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - O.18.R.3-A CPC does not specify of order in which parties to a suit or proceeding shall be examined...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of review application dismissed for want of prosecution - High Court without assigning any reason whatsoever and in a very casual manner allowed the application for restoration - No litigant should be permitted to be so lethargic and apathetic much less should be permitted to misuse the process of law - Order..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
