Criminal Procedure Code, 1973, Section 125 -- Maintenance - Enhancement thereof - Trial court granted maintenance of Rs.500/- per month from date of order - Revision filed by wife claiming maintenance from date of application - Revisional court suo moto enhanced amount to Rs.1, 000/- to be paid from date of order - Validity of - Held, order of court below well inconformity..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Granted by trial Court - Revision against - Husband approached Court with misleading and false pleas - Cannot be heard in equity or otherwise in regard to the quantum of maintenance - Petition dismissed...........
Natural justice -- Additional Sessions Judge rescued from hearing matter for personal reasons - Case transferred - Accused acquitted - Meantime Additional Sessions Judge who earlier rescued from hearing matter appointed Judge of High Court - Revision against acquittal dismissed by him - Fact of earlier rescued of case at trial by him was not brought to his notice in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Petitioner has admitted signatures and amount on impugned cheques - Application filed by petitioner u/s 73 of Evidence Act for ascertaining life of cheque and revision has also been dismissed by competent Court - Petition filed u/s 482 of CrPC claiming same relief - Held,..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Security for protection of property - Application U.O.38.R.5 for security for protection of property - Petitioner again moved an application stating that since no guarantee or security has been paid by respondents, the property of respondents be attached - Prior to the filing of aforesaid application respondents had already..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41, Rule 21 -- Ex parte decree - Setting aside - Sale deed was executed in favour of "R" - "R" was not arrayed as party either at the stage of the suit or at the appellate stage and a judgment was rendered against her - Trial Court allowed the application and set aside the ex parte decree -..........
Civil Procedure Code, 1908, Order 34, Rule 11 -- Mortgage - Non-payment of loan amount - Recovery suit for realization of principal amount along with interest - Preliminary decree was passed together with interest at rate of 12% per annum from date of preliminary decree till date of realization of decree amount - Executing Court held that revision petitioner claimed lesser..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Cognizance against - Validity - Complainant did not name petitioners in FIR - Only complainant's examination in chief has been conducted - Previous enmity between two families - Held, it can safely be said that there was no substantial material against them at that stage to proceed against them - Revision..........
Civil Procedure Code, 1908, Section 9, Order 9, Rule 13 -- Separate suit to set aside ex parte decree on the allegation of fraud - Not maintainable at the instance of a person who was party to the said ex parte decree - The only remedy available is to file an application to set aside ex parte decree and further remedy in the form of appeal or revision - Remedy of filing..........
Civil Procedure Code, 1908, Section 115, 144 -- Revision - Order passed in restitution petition u/s 144 CPC - Is a decree - Order is appealable - Revision against - Not maintainable...........
