Hindu Adoptions and Maintenance Act, 1956, Section 20, 3(b)(ii) -- Maintenance to daughter - Marriage expenses - Father is undeniably responsible/duty bound to maintain and to bear the expenses for the marriage of his daughter - Family Court rightly awarded the maintenance in two parts i.e. Rs.1,00,000 for maintenance and Rs.2,00,000 for marriage expenses...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Court cannot entertain Second Appeal unless a substantial question of law is involved...........
Special Leave petition -- Civil and criminal proceedings - Exemption from filing certified copy of judgment/order under challenge - Direction issued viz: (i) If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge,..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before Judgment - Application for substitution of property - Defendant at the time of filing of written statement offered to substitute the property by another property and also placed on record the evaluation thereof - Evaluation of property offered is not in dispute - Trial Court after being satisfied with the..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Special Court/Magistrate has power to release the vehicle in question for interim custody u/ss 451, 457 Cr.P.C and owner shall take defence and he shall prove that vehicle was used without his knowledge by person transporting the drugs...........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order u/s 29 of PWDV Act - Revision - Maintainability - Person aggrieved by an order of Sessions Court u/s 29 of PWDV Act can prefer a criminal revision petition, as procedure prescribed for an application u/s 12 of PWDV Act is as per Cr.P.C and appeal..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Constitution of India, 1950, Article 227 -- Order u/s 29 of PWDV Act - Writ petition - Maintainability - Writ petition u/art 227 of Constitution cannot be preferred against a final order or judgment passed by Sessions Court in an appeal u/s 29 of PWDV Act...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband remarried after dismissal of first appeal and he has three children born from second marriage - He has two siblings with special needs to take care of and also has a widowed sister living with him - Considering the pay of husband being less than Rs.7500, Court below rightly awarded Rs.1,40,000 to wife -..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Accused has no right to seek investigation in a particular manner and even Court does not have any jurisdiction to supervise the investigation, as investigation is within exclusive domain of the police...........
Parole -- Sentence of 13 years, 3 months and 29 days already undergone by accused as well as the fact that he returned back from the parole which was last granted - Court is thus, inclined to grant 15 days parole to accused - However, balance would be achieved if accused spends his time of parole at a place which is away from victim's residence - Parole granted to accused..........
