Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Revision petition is not maintainable without filing certificate u/r 311(3) of Rules of High Court of Judicature of Rajasthan...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act is maintainable even though civil suit for recovery is instituted on the same cause of action...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction order - Objections by co-owner u/s 47 CPC - Co-owner was neither D.H. nor J.D. - If in execution, possession is delivered to D.H. then ownership rights of co-owners are not extinguished - If after delivery of possession to D.H. any right, title or interest of co-owner is prejudiced or adversely affected, there..........
Suit for recovery of possession -- Suit for possession by a vendor seeking recovery of possession is maintainable and is not dependent on their ownership...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Accused was below 18 years of age as on date of incident - Although application for claim of juvenility has been filed subsequent to conviction order, but said application is maintainable - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second application filed by wife u/s 125 Cr.P.C though earlier application was dismissed without providing liberty to file fresh, is maintainable...........
Indian Penal Code, 1860, Section 498A -- Proceedings u/s 498-A IPC - At the instance of second wife is not maintainable...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Sum of Rs.12,50,000 has been paid as interim maintenance to wife - Considering facts and circumstances of case and relationship of parties and taking into consideration the maintenance award passed by Family Court, sum of Rs.15 lakhs as permanent alimony to wife is proper which is not inclusive of earlier..........
Constitution of India, 1950, Article 32 -- Judicial review - Absence of consultation amongst members of collegium would be within the limited purview of judicial review - Writ petition for this limited scrutiny is maintainable...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Second FIR is maintainable where there is a different version and also new discovery is made on factual foundation...........
