Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband is continuously residing at Mumbai which is a metro city - Maintenance of Rs.4000/- p.m to wife and two minor children as ordered by trial Court is not a huge amount - Maintenance rightly awarded...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff absent for one day and litigation stood stalled for a period of 10 years in trial Court - Reason for absence is due to fever and sickness of nephew of plaintiff - Restoration application filed immediately along with evidence affidavit - Application for restoration allowed..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 9, Rule 13 -- Applications for restoration of suit and setting aside ex parte decree - Guidelines issued to avoid delay in disposal of said applications: (i) At Numbering Stage- Such petitions shall be checked and numbered within a period of three (3) days; (ii) At Notice Stage- After..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An error which is not self evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on face of record justifying Court to exercise its power of review U.O.47.R.1 CPC...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - High Court while granting anticipatory bail to accused has not considered the nature of allegations and seriousness of offences alleged of money laundering - Enquiry/investigation is going on against accused with..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Land in question was already used for sewerage lines which is being used for public purpose and for residents of locality - Even, part of land cannot be released as claimed by petitioners, particularly when acquisition has been completed including payment of compensation and land vested in State government free..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Trial Court without making any inquiry itself and without giving any opportunity to either party of case to lead evidence in their support, came to conclusion that in educational documents of accused different dates of birth have been entered - Order of trial Court..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and insufficiently stamped document - Liberty is granted to raise objection in the course of suit proceedings as to admissibility of document or otherwise of document for want of registration in terms of S.17(1) of Registration Act, if it is open or otherwise permissible -..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Case is purely a business transaction - Allegations as made in complaint itself are not sufficient to constitute a criminal offence - Matter is absolutely of a civil nature and civil suit was already pending - Complainant is misusing..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To note down existing physical features of suit property - Dispute with regard to identity of suit property - Court has to necessarily issue a commission for localizing suit land with assistance of Surveyor even in a suit for bare injunction - Appointment of Advocate Commissioner is..........
