Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Jurisdiction of Court - Parents of wife are permanent resident of Bareilly and wife has frequent visit thereat - Only for the purpose of job wife stayed at Delhi - Marriage of parties was also solemnized at Bareilly - Permanent address of wife at Bareilly would fall within the contour of `reside' -..........
Criminal Procedure Code, 1973, Section 397, 401, 216 -- Revision - Modification of charge - Dismissal of application - It is an interlocutory order - Revision thereagainst not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - No pleadings in relation to document sought to be produced by plaintiff, in the plaint - In the absence of any such pleading, said document cannot be introduced by taking resort to provision of O.7.R.14(3) CPC - Application rightly rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2117 days in filing restoration application - No cogent and proper explanation given for condonation of such a huge delay - Even, explanation furnished by plaintiffs in so many paragraphs of delay condonation petition fails to provide sufficient cause for delay - Order allowing petition for condonation and..........
Service -- Compassionate appointment or on contractual basis - Respondent was appointed as a contract conductor on preferential basis being the son of deceased employee - No document on record to prove that appointment of respondent was on compassionate basis so as to treat him as a permanent employee - Mere fact that respondent was appointed on contract basis pursuant to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contention of defendant involves mixed question of law and facts which cannot be decided in petition for rejecting the plaint - It has to be necessarily decided during trial - Application U.O.7.R.11 CPC rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition of deposit 20% amount of compensation - Appellate Court while considering application u/s 389 Cr.P.C, has to consider as to whether it is exceptional case which warrants grant of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Partition suit - Defendants by executing sale deed of suit property created third party interest and has complicated the matter - They cannot take advantage of their own wrong and now claim that subsequent purchasers should not be made parties - Subsequent purchasers are proper parties..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Application filed after conclusion of evidence of plaintiff without disclosing in the application as to why those documents could not be produced earlier - Application rightly rejected - However, since family Court has closed the right of plaintiff to cross-examine the witnesses of defendant, one..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101, 103 -- Execution - Objections - Compromise decree in a suit for specific performance - Objection regarding suit property is joint family property - However, objector already filed a suit for partition against JD and DH is also a party in said suit - Therefore, right, title and interest if any of objector..........
