Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Trial Court has discretionary power to order maintenance from date of order if there are circumstances and reasons for doing the same...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - O.6.R.17 Proviso CPC to some extent curtails absolute discretion to allow amendment at any stage - Therefore, only a formal order of allowing amendment was required, which would not have caused any prejudice to party...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Even if charge-sheet is filed and cognizance is taken by Court against accused, who has got an immunity from being arrested during the course of investigation either by way of order of a competent court protecting him by grant of anticipatory bail or by service of notice u/s 41-A Cr.P.C. by I.O, anticipatory..........
Criminal Procedure Code, 1973, Section 167 -- Police remand of an accused who is on anticipatory bail - While granting anticipatory bail Court passed the order "Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand and that this would be sufficient to treat the accused in the judicial custody for the..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Ex parte maintenance order passed by Family Court - Setting aside - Application for setting aside ex parte maintenance order passed by Family Court can be preferred by husband before trial Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was continuously appearing in suit right from its beginning except on the date when suit was dismissed in default - He could not appear on the relevant date owing to his illness - Plaintiff thus, succeeded to establish sufficient cause for his non-appearance from attending..........
Criminal Procedure Code, 1973, Section 244, 246 -- Warrant case otherwise than on police report - Pre charge evidence should be recorded by trial Court - Order to frame charge straightaway in the absence of pre-charge evidence set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Probate proceedings on account of Will - Trial Court sent Will to FSL - Signature on Will found to be forged - No occasion arises to allow respondents to do said business in firm as a partner - Order allowing application U.O.39.Rr.1, 2 CPC set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - No relief was sought against applicant in the suit - In a suit for specific performance only parties to agreement are necessary parties and applicant neither necessary nor proper party to suit proceedings - Order allowing application set aside...........
