Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Land demarcated by Revenue Authorities before filing suit - However, Tehsildar, who conducted demarcation died before plaintiff could conclude his evidence - Fresh demarcation by Revenue Authorities will take indeterminate period for adjudication - Trial Court to appoint Revenue Officer as..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Husband contracted second marriage without divorcing his first wife whom he legally wedded - Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to first wife -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Objections - Petitioner did not abide by compromise decree and has not performed his part of obligation therein though he himself received benefits under said decree from DH - Objection of petitioners against execution petition were nothing but a challenge to compromise decree - Executing Court could..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of land - By appointing a commission to demarcate the land will not amount to collection of evidence in favour of one party for the reason that result remain a contingent and may favour either or none of parties - Application allowed...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Defendant entered into settlement with plaintiff on the basis of GPA on behalf of his siblings and himself - None of siblings of defendant challenged the factum of execution of GPA - However, their allegations are that defendant had betrayed them and got GPA executed under wrong influence -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First Appellate Court should not have proceeded to pronounce judgment without deciding application filed U.O.41.R.27 CPC...........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Sexual assault - Delay of seven days in lodging FIR - After commission of offence victim used to remain depressed - Accused had extended threats to kill victim and her parents in case she confided the matter to anyone - As..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Substitution as LR's in a case by itself will not give any title in favour of person so substituted - It only confers the right to represent the estate of deceased in the pending proceedings...........
