Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Cause Courts Act, 1887, Section 17 -- Ex parte decree - Setting aside - Security for performance of decree - Security furnished by defendants in the form of rented shop belonging to third party cannot be accepted as security in law...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Custody of daughter-in-law -- Writ of Habeas corpus by father-in-law - Daughter-in-law is alleged to be in illegal custody of her parents - However, after marriage husband of detenue is living and earning in Kuwait and detenue is living with her parents - It may be possible that detenue herself does not want to go to her matrimonial house when her husband is not living..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - New plea raising a pure question of law can be raised at any stage and a plea relating to jurisdiction of Court can also be raised at any stage - Therefore same can be raised at the stage of entertaining application u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 401(2), 156(3) -- Revision - High Court allowed revision with a direction to register FIR but proposed accused not served with notice of revision proceedings - Impugned order set aside - Matter remitted back to High Court for decision afresh in accordance with law...........
Family Courts Act, 1984, Section 7 -- Suit for declaration that marriage is void - Husband filed a suit against his wife that she performed Hindu marriage with respondent no.2 whereas she is Muslim by religion - No case of husband that wife had converted to Hinduism by giving up Muslim religion - Marriage between a Hindu and Muslim could be performed only under Special..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Law as to: (i) It is the duty of Trial Court to put each material circumstance appearing in the evidence against accused specifically, distinctively and separately - The material circumstance means the circumstance or the material on the basis of which the prosecution is seeking his conviction; (ii)..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Five cheques - Joint trial - Plea that there can be joint trial for three offences - It would be within domain of trial Court to decide at the stage of framing of charges as to which of three offences should be tried together and trial judge would consider the feasibility of separation of trial for two..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Commercial Manager - No specific role assigned to him - Rather some other co-accused were holding the post of Managing director, Executive Director etc. - Criminal prosecution of petitioner would be an abuse of process of law - Summoning order qua petitioner quashed...........
