Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of interim maintenance at the interlocutory stage of a proceeding u/s 125 Cr.P.C cannot be said to validate the status of marriage between parties beyond any doubt...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Mother is owner of suit property - She is an old person having no source of income and is mentally and physically weak - Petitioners have misbehaved with mother and did not provide her with basic needs - Mother is not residing in the suit property -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere acquittal of husband in a criminal case filed by wife, does not wash away cruelty committed by husband of being involved with a young girl during subsistence of his marriage with wife and cannot be a ground to grant divorce - Divorce petition dismissed...........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - Grant of interim stay order ought to be ordinarily by a speaking order - Therefore, a stay order once granted cannot be vacated otherwise than by a speaking order, more so, when its extension also requires reasons to be recorded...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to an accused can only be cancelled if Court is satisfied that after being released on bail: (i) accused has misused the liberty granted to him; (ii) flouted the conditions of bail order; (iii) that bail was granted in ignorance of statutory provisions restricting the powers of Court to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to an accused can only be cancelled if Court is satisfied that after being released on bail: (i) accused has misused the liberty granted to him; (ii) flouted the conditions of bail order; (iii) that bail was granted in ignorance of statutory provisions restricting the powers of Court to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership in possession - Civil Court cannot grant declaration on the basis of revenue records - It is duty of plaintiff to produce document of title...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Non-recovery of dowry articles/Istridhan, cannot ordinarily be a ground, by itself, for declining a plea for grant of anticipatory bail to the husband or his relatives...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304, 34 -- Default bail - Charge sheet not filed within prescribed period - Accused having exercised his right to statutory bail is entitled to grant of same - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 167(2), 439 -- Default bail - Contraband - Application for bail filed by accused after the charge sheet has been filed, which extinguished the right of default bail - Special Judge rightly accepted the application for extension of investigation, as special Judge has..........