Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Whenever an Appellate Court remands a case either U.O.41.R.23 or U.O.41.R.23-A CPC or frames issues and refers them for trial U.O.41.R.25 CPC, it must as mandated U.O.41.R.26-A CPC to fix a date for appearance of parties before trial Court for purposes of receiving directions of trial Court as to further..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Bail - Cheating - Petitioners were involved in multi-person scam involving more than 200 crores from inception of the same - Both were instrumental in misleading the public into investing in the scheme with no intention of returning money - There are more than 900 complaints..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Maintenance awarded by trial Court from date of order - S.125(2) Cr.P.C is prima facie clear that maintenance shall be payable from date of order - Trial Court rightly granted maintenance from date of order...........
Custody of child -- Claimed by father - Child is a citizen of USA and travelled to India with his mother for surgery with consent of father - Child underwent a surgery and remained in India for two and a half years - Father contended that mother detained the minor in her illegal custody in India and has violated the international travel consent by not allowing minor to..........
Indian Penal Code, 1860, Section 498A, 323, 294, 34, 506(PartII), Criminal Procedure Code, 1973, Section 228 -- Cruelty - Matrimonial dispute - Order of framing of charge - FIR lodged by wife against husband cannot be said to be lodged by way of counter blast after receiving notice of divorce petition - As regarding question of delay in lodging FIR, FIR lodged when even..........
Consumer Protection Act, 1986, Section 24A, Limitation Act, 1963, Section 22 -- Consumer complaint - Limitation - Continuing wrong - Agreement to sell flats - Respondent/builder failed to provide occupancy certificate since 2014 till date - Owing to failure of builder to obtain certificate, there has been a direct impact on members of society in terms of payment of higher..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 511, 506 -- Quashing of FIR - Offence u/ss 384, 511, 506 - No overt act alleged in FIR and it has only been vaguely stated that accused is threatening to implicate complainant in a false rape case - Provision of S.506 IPC not attracted - Even with respect to offence of extortion/attempt to..........
Maharashtra Electricity Duty Act, 2016, Section 3(2) -- Electricity duty - Exemption from payment - Charitable educational institutions registered under provisions of Societies Registration Act and/or under Maharashtra Public Trusts Act are not exempted from payment of electricity duty from the date on which Maharashtra Electricity Duty Act came into force...........
Fire in godown of distillery -- Demand of excise duty on liquor lost in fire - Liquor that was lying stored in bonded warehouse had already become subject to excise duty with postponement of actual charging of duty as per rate applicable on the date and time of issue for sale from warehouse - It gets perforce reiterated that taxable event was production or manufacture and..........
Fire insurance -- Fire in godown of distillery - Demand of excise duty on liquor lost in fire - Insurance coverage only of value of liquor and not that of excise duty payable thereupon - Receiving of insurance claim over value of goods by respondent relate back to date of fire and respondent become liable to pay excise duty at the rate which was in force on the date of..........
