Criminal Procedure Code, 1973, Section 125, 128, Family Courts Act, 1984, Section 18 -- Maintenance order - Enforcement - An order granting monthly maintenance allowance or monthly allowance for interim maintenance may be enforced by any Magistrate within whose jurisdiction respondent may be, provided Court is satisfied about identity of parties and non payment of..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim stay order - Application U.O.39.R.2-A CPC filed during pendency of suit - Suit decreed - Application deserves to be decided on merits and cannot be disposed of as having become infructuous...........
Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Urgent interim relief sought - Order of return of plaint for non compliance of S.12-A of Commercial Courts Act - Impugned order set aside - Court directed to number the suit and consider interim application...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Grant of interim compensation is a discretionary power of Court - Order has to be based on reason and logic...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Court has to spell out the reasons for grant of interim compensation in favour of complainant and it has also to justify its order with reasons the quantum of interim compensation that is being awarded by it...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order can be challenged u/s 482 Cr.P.C. even though remedy of revision is available...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Some estimation of income has to be made though tentatively, at the stage of interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to minor daughters - Need of children and income of father not assessed even tentatively - Order granting interim maintenance, set aside and matter remitted for decision afresh...........
Interim Maintenance -- Interim maintenance to minor children - No application is required for grant of interim maintenance to minor children - Even in absence of any application, Courts are bound to consider grant of interim maintenance in the interest of minor children and to protect their livelihood, which is fundamental right to life u/art 21 of Constitution...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Interim maintenance to minor child - Wife sought transfer of case as she is unemployed, staying with her parents and taking care of 11 months old child - Husband not paying interim maintenance even to minor child - Husband thus, directed to pay interim maintenance of Rs.5000 to minor child - In the..........
