Indian Penal Code, 1860, Section 498A, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Vague allegations made against accused persons - Neither details about alleged cruelty given, nor date on which there was a meeting and when wife came to parental home has been stated - Statements of witnesses are copy paste and it appears..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - When character of wife is doubted by husband without any proof, she has enough reason to live separately from her husband - Hence, plea of husband about wife not staying with him without any sufficient cause is liable to be rejected and merits no consideration - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband admittedly claims himself to have been working as skilled labourer in a Company and his monthly income was Rs.9,000 P.M - Wife who is unable to maintain herself is thus, entitled to be maintained commensurate to the standard of living of her husband - Maintenance @ Rs.3,000 rightly granted to wife...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Defendants admitted that written statement was not filed on account of signatures of one of defendants not having been obtained and written statement would be filed within two weeks - Defendants thus, should not be prevented from presenting their stand before..........
Civil Procedure Code, 1908, Section 51Proviso, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Court must record its satisfaction as per S.51 Proviso CPC that JD with the object of obstructing or delaying the execution proceedings was likely to abscond, leave the local limits or after the institution of suit dishonestly transferred,..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Plaintiff never lead evidence in support of claim raised in plaint and rather withdrew suit for possession - Specific issue was framed as to whether plaintiff is owner in possession of suit property as alleged - Said issue was not pressed during course of arguments and was decided in favour of defendants who had..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings on record that street in dispute is a private street of plaintiff - Defendant admitted that he has no concern with ownership of said street - Defendant failed to controvert or dispute concurrent findings - Suit rightly decreed in favour of plaintiff - Second..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons initially issued to defendant were received back unserved and plaintiffs were directed to file fresh correct addresses of defendant - Thereafter notices were sent at new address, which were received back unserved - AD receipts were also not received back and thereafter publication was..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Application u/s 205 Cr.P.C is maintainable at any stage of trial even prior to seeking bail and same will also apply at the stage of S.251 Cr.P.C - Even at the time of first appearance before trial Court, application u/s 205 Cr.P.C can be allowed in appropriate case for exemption from..........
Criminal Procedure Code, 1973, Section 46(4), 60A -- Arrest of a woman after sunset - Prior permission of Magistrate was not obtained by investigating agency - Petitioner/woman was granted bail in the earlier offences - It was not acceptable that investigating agency was unaware about whereabouts of petitioner - It was very much possible for investigating agency to have..........
