Civil Procedure Code, 1908, Order 33, Rule 1, 5, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application for permission to sue as an indigent person rejected by holding that plaint does not disclose any cause of action and suit is barred by res judicata - On payment of Court fee, suit shall be deemed to be filed on the date on which application seeking permission to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax returns subsequent to the filing of application of maintenance cannot be considered for determining interim maintenance...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Victim was just above 17 years - Consent if any pales into insignificance - Even if consent is presumed, willingness was absent as indicated by medical examination report of victim - Act was resisted by..........
Criminal Procedure Code, 1973, Section 439, 438 -- Application to treat anticipatory bail granted by Court as a regular bail - Anticipatory bail granted by Court which extends till conclusion of trial - Impugned order of rejecting application without giving any reason is perverse and liable to be set aside - Matter remanded back to Court below for fresh decision...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas raised cannot be appreciated properly without recording evidence - At this stage when suit is at preliminary stage, it cannot be said that plaint does not disclose any cause of action or that suit is barred by limitation - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Application by wife - Mere fact that applicant is a lady and she had difficulty in travelling may not detain Court for the reason as she is traveling daily from Lucknow to Barabanki for her job - Moreover, husband is willing to pay charges for her travel - Transfer application disposed of with..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application for anticipatory bail is not maintainable when offence is bailable...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Execution - Objections - Defendant had filed objections several times against decree and same was rejected - Even earlier order of dismissing application filing objections attained finality being not challenged by defendant - Present application for filing objections is thus, devoid of merits and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of maintenance allowance from date of application without recording specific reasons is not sanction of law...........
Service -- Appointment - Qualifications - Cut-off date for acquiring the qualification advertised is the last date of application...........
