Criminal Procedure Code, 1973, Section 156, Delhi Special Police Establishment Act, 1946, Section 5(3) -- Investigation - State Crime Branch registered a complaint and proceeded with investigation to a certain extent - Investigation by CBI thereafter - Held, no infirmity or flaw in continuing investigation by officers of CBI...........
Criminal Procedure Code, 1973, Section 167(2) -- Application for statutory bail as charge sheet not filed within time - Prosecution seeking extension of time, for continuing the investigation, thereafter - Held, right of accused for grant of statutory bail remains unaffected...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Complaint lodged against Husband and other family members - Quashment - Wife obtained ex-parte decree of divorce during pendency of criminal proceedings - Held, when ex parte decree of divorce obtained..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Recovery - Limitation - Claim of arrears of maintenance is not barred by limitation because liability to pay maintenance is a continuing liability and S.125 of Cr.P.C is a measure of social legislation and it has to be construed liberally for the welfare and benefit of wife...........
Criminal Procedure Code, 1973, Section 482, 177 -- Quashing of proceedings - Place of incident - Jurisdiction of Magistrate - All the alleged incidents of demand of dowry are said to have taken place at "J" - Only date mentioned is 27.11.2005, on which date it is alleged that the daughter of complainant was sent to "M" in the clothes that she was wearing and since then she..........
Service -- Termination - Order set aside with direction to authorities to pass fresh order after considering representation submitted by appellant - Earlier order terminating service will be deemed to have become redundant and appellant will be deemed to be continuing in service for all purposes - It is not the case of respondent that during pendency of enquiry, appellant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Respondent/defendant is in possession of suit premises and running business in the name and style of Hotel Al Zam Zam - Relief of temporary injunction sought by Appellant/Plaintiff restraining respondent/defendant from continuing with hotel business from suit premises pending decision of..........
Civil Procedure Code, 1908, Order 39, Rule 2(1), 2(2) -- Business of joint venture - Unauthorized continuing of - Held, once it is found that respondent/defendant is prima facie unauthorizedly continuing with the business of joint venture and remaining in possession of the suit premises in breach of the terms of MOUs then appellants/plaintiffs are entitled to invoke the..........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Application under - Court must see over all situation and facts and circumstances of case, request made by parties, their desire to dissolve marriage, their miseries in continuing marital relationship, welfare of parties and their future plans in life - Court should not approach matter with suspicion and..........
