Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife leaving matrimonial home under constraint of dowry demand filed petition for maintenance - Whether entitled to maintenance? - Held, husband who himself made wife to leave matrimonial home and driving her to file application for her own maintenance must himself demonstrate that he is ready and willing to..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - At the appellate stage - At the stage of appeals, the Appellate Courts also exercise their power to grant leave to amend the pleadings or to raise further pleadings because the appeals are nothing but continuation of suits...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - In cases where sufficient reasons are assigned, Courts exercise their discretion to grant leave either for amending the pleadings U.O.6.R.17 or filing further pleadings U.O.8.R.9 CPC - Exercise of discretion for grant of leave depends upon facts and circumstances of each case - In the instant..........
Civil Procedure Code, 1908, Section 73(1)(b), Order 21, Rule 17 -- Money decree - Execution - Third party mortgagee seeking amount under mortgage deed - Stamp paper used for mortgage deed was purchased on 2 May 2003 when summary suit for money was pending - On 24 July 2003, Court granted leave to judgment debtor subject to furnishing solvent surety to the extent for suit..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 376 -- Rape - Leave to appeal against acquittal - No corroboration to statement made by prosecutrix - Huge number of improbabilities in her statement - To remove doubts, no independent witness was produced in Court - Offence alleged to have been committed in a busy place - No explanation as to why..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302 -- Murder - Prayer for leave to appeal - Refusal to - Entire case of prosecution rests on alleged ocular witnesses who are brother and son of deceased - Son of deceased participated in inquest proceedings but he never whispered about his role as ocular witness - Recovery of weapons did not..........
Civil Procedure Code, 1908, Order 39, Civil Procedure Code, 1908, Order 43 -- Interim injunction - Demolition of illegal construction - Order by corporation - Injunction sought by flat buyers - Trial Court declined to grant injunction on analysis of evidence and pleading that building in question was constructed in violation of sanctioned plan and flat buyers have no..........
Indian Penal Code, 1860, Section 302, Indian Penal Code, 1860, Section 302, Circumstantial evidence, Criminal Procedure Code, 1973, Section 313 -- Scope and ambit of - Held, it is a settled principle of law that prosecution has to satisfy certain conditions before a conviction based on circumstantial evidence can be sustained - Circumstances from which conclusion of guilt..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 85 -- Deposit of balance auction money - Delay - Balance auction money not deposited as Presiding Officer was on leave and application for deposit filed on the next date of hearing in the execution proceedings - Held, this does not help the auction purchaser - Even if the Presiding Officer was on leave, money could..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Dishonour of cheque - Recovery suit - Documents placed on record would show that dispute is fully covered under the provisions of O.37 of CPC - Documents also leave no room for doubt that cheque issued by defendant stands dishonoured due to `Insufficient Funds' - In criminal complaint filed u/s.138 of N.I. Act, defendant had..........
