Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Maintenance allowance granted in previous proceeding is permissible in a subsequent proceeding filed even under different statue but substantially for same relief -..........
Criminal Procedure Code, 1973, Section 406(2) -- Transfer of a case - Party interested - State being a prosecuting agency in criminal administration, can be considered as a `party interested' within meaning of S.406(2) Cr.P.C - Petition filed u/s 406(2) Cr.P.C, at the instance of State is maintainable...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Case is at the stage of investigation - In absence of filing final report, no case is made out for transfer of case u/s 406 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Where allegations made in FIR or complaint even if they are taken on their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against accused, FIR is liable to be quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 328, 506 -- Bail - Rape - Allegation against father-in-law that he after giving some tablets which made prosecutrix unconscious did a wrong act with her and made objectionable videos and clicked her photographs - Issue with regard to contradiction of statement u/s 164 Cr.P.C and deposition..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Rejection of application - It is appeal and not revision which is maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Closure of right to file written statement - Defendant deliberately delaying adjudication of suit firstly by not filing written statement on record in time and thereafter by not appearing before trial Court - Explanation given by defendant for his non-appearance is that he was advised by counsel not to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Written statement had not been filed along with costs either within stipulated time period of 30 days or within extended period of 120 days - First counsel for defendant expired after 30 days period for filing written statement had lapsed - Application..........
Criminal Procedure Code, 1973, Section 91, 311 -- Summoning to produce documents such as bank statement of accused - Application rejected on the ground that complainant should obtain these documents through RTI - Application under RTI Act was rejected by Bank - Documents in question necessary to prove case of complainant - No prejudice will be caused to accused due to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 148, 149 -- Anticipatory bail - Offence u/ss 323, 452, 148, 149 IPC - Allegation that 12 persons entered the house of complainant at about 8.15 pm armed with dangs, lathis, baseballs and spades in threatening, intimidating and inflicted injuries on complainant and on other family members..........
