Indian Penal Code, 1860, Section 498A, 323, 506, 504, 406, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegation against sisters-in-law (Nanads) of wife - Omnibus and general allegations leveled against accused - Accused/sisters-in-law were already married prior to marriage of wife/complainant and her husband - They were living at far away place..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Default in payment - Defence of erring husband can be struck off as a last resort - Family Court has failed to provide husband an opportunity to pay entire arrears of interim maintenance before resorting to extreme step of striking off his defence - One last opportunity is thus, granted to husband to pay..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since accused have themselves come forward and have undertaken to appear before trial Court on each and every date, order declaring accused as proclaimed offender set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bars for more than one year - Investigation is complete - Final report u/s 173 Cr.P.C. already presented and trial of case would take long time to conclude - Accused is not involved in any other case and there is..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Authority of counsel - Withdrawal of appeal - Appeal was withdrawn by counsel by making the statement that he does not want to proceed further with the appeal - In the said statement, he had not stated about any such instructions, having received from petitioner/appellant - Counsel in such circumstances had no..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Non-recording of satisfaction itself makes such order suffering from incurable illegality which renders the proclamation and proceedings subsequent thereto a nullity - Order of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is a chemist by profession and having a valid licence for sale, transport and possession of scheduled narcotic drugs - Investigating agency has verified his licence from concerned quarters - Accused is behind the bars since..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question lost during transit - Original cheque was produced by complainant and the same was lost in transit during trial - Cheque was dishonoured for the reason `Payment stopped by drawer' and not that signature on cheque differed or that signatures were forged - Cheque now reconstructed -..........
