Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - None filing within statutory period - Provisions of O.8.Rr.1, 10 CPC are directory in nature - Application for striking off defence of defendants and pronouncing judgment on account of filing of written statement beyond period of 120 days rightly dismissed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323 -- Anticipatory bail - Cruelty - Refusal on part of husband to take wife back to matrimonial home, indicates that husband did demand dowry and because the same was not met she was turned out of matrimonial home - Bail rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 307, 337, 326, 379, 504, 147, 148, 149, Arms Act, 1959, Section 27 -- Anticipatory bail - Offence u/ss 323, 341, 307, 337, 326, 379, 504, 147, 148, 149 IPC and S.27 of Arms Act - No proclamation and declaration with regard to petitioner u/s 82(4) Cr.P.C that he is an absconder -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 138 -- Dishonour of cheque - Quashing of summoning order - It is for accused to establish in trial that cheque in question was not given towards discharge of any debt or liability - No illegality in impugned order - Order cannot be quashed...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13 -- Transfer of divorce petition filed by husband - Wife sought transfer of divorce petition from Pune to Delhi on the ground that she is unemployed and she has no independent source of income and she is dependent upon her parents - Said ground is not seriously disputed by husband - Husband offered..........
Hindu Marriage Act, 1955, Section 21A, Civil Procedure Code, 1908, Section 25 -- Transfer of case - S.21-A of Hindu Marriage Act does not divest power of Supreme Court available u/s 25(1) CPC, as words "subject to the other provisions contained in this Act" appearing in S.21 of the Hindu Marriage Act indicate only those provisions which are inconsistent with any of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - There is no provision requiring accused to make any formal application for default bail - Even an oral plea for default bail is compliance with S.167(2) Proviso (a) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused cannot be released on bail by a Court on its own motion and it is necessary for accused to apply and offer to furnish bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If two essential conditions as set out in S.167(2) Proviso (a) Cr.P.C are met, then there would be no justifiable reason to detain accused and those conditions are : (i) Investigation has not been completed within period of 60 or 90 days, as the case may be from date of arrest of accused; and (ii) accused is..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal of suit in default - Delay of 693 days in filing restoration application - Suit is of the year 2014 - Delay caused due to engagement of plaintiff elsewhere - However, plaintiff remitted a huge amount as Court fees - This will show that plaintiff is desirous to contest suit and get decree on..........
