Civil Procedure Code, 1908, Section 60(i), Order 21, Rule 48 -- Execution - Attachment of salary of Judgment Debtor - Executing Court while directing attachment of salary of JD failed to consider provisions of S.60(i) CPC, which specifically governs manner and extent of attachment of salary - Order of attachment of salary of JD, set aside - Executing Court directed to..........
Indian Penal Code, 1860, Section 499, 500, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Complaint against public servant to his higher authorities - Complaint not circulated amongst public, relatives or social circle of petitioner - No offence made out - Proceedings quashed...........
Civil Procedure Code, 1908, Section 151 -- Filing of translated copy of an already exhibited document - Where a document already stands exhibited and a prayer is to place on record a translated copy thereof, there is no requirement of filing application to place on record translated version of document and all that Court has to ensure is that translated version is true..........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Rejection of application - No appeal lies thereagainst...........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Dismissal of application - Party aggrieved by rejection of review petition has to challenge the decree or order, as the case may be, and not the order of rejection of the review petition - However, in case review petition is allowed and the suit or proceeding is placed for rehearing then O.47.R.7(1) permits party..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Respondent who is living separately sought maintenance from her husband and two sons - It is social responsibility of husband and sons to maintain their wife and mother, as invaluable role and care of a mother cannot be compensated, no matter how much her children pay her back in a lifetime - Amount fixed..........
Family Courts Act, 1984, Section 19(2), Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance proceedings u/s 125 Cr.P.C (S.144 BNSS) - Appeal - Condonation of delay in filing appeal - - Appeal is not maintainable against an order passed by Family Court in maintenance proceedings u/s..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata are applicable to different stages of same suit or proceeding...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier application U.O.1.R.10 CPC was rejected based on the pleadings of proposed implead petitioners that they are not necessary parties to suit - Since petitioners opposed their impleadment earlier, they cannot now agitate to come on record - Petitioners are not permitted to approbate and reprobate - They cannot..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Law as to: (i) O.21.Rr.84, 85 CPC are mandatory; deposit of one-fourth immediately and balance within fifteen days are pre-conditions to any valid confirmation; (ii) non-compliance with those provisions ordinarily renders the sale a nullity and triggers O.21.R.86 CPC consequences; (iii) subsequent..........
