Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Date of payment of maintenance - Family court awarded maintenance of Rs.4,000 per month from the date of order - However, maintenance is required to be paid from the date of filing of application as the period during which maintenance proceedings remains pending is not in the hand of applicant - Maintenance..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- New or altered issues - Parties are to be provided with sufficient opportunity to address new or altered issues...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Must be pleaded and proved in a specific manner - This may even require production of two plaints on which plea of res judicata is based - There are several defences available to a party when faced with a plea of res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Since an adjudication of plea of res judicata requires consideration of pleadings, issues and decision in the previous suit as such plea of res judicata is beyond the scope of O.7.R.11 CPC where only averments in the plaint have to be perused...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Notices issued to husband had been received back unserved - Wife did not bother to file either process fee or correct address and rather straightaway proceeded to move an application for substituted service U.O.5.R.20..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amended plaint - To be strictly in accordance with permission granted by Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amended plaint - Beyond the order allowing amendment - Plaintiff permitted to file amended plaint strictly in accordance with permission granted by trial Court...........
Prevention of Corruption Act, 1988, Section 7, 17A, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/s.7 PC Act and S.120B IPC - Quashing of FIR - Delay in obtaining prior approval u/s.17A PC Act - The investigation agency identified the petitioners as suspects on 2-8-2021, when they obtained search warrants against the..........
Prevention of Corruption Act, 1988, Section 7, 17A, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/s.7 PC Act and S.120B IPC - Quashing of FIR - Delay in obtaining prior approval u/s.17A PC Act - The investigation agency identified the petitioners as suspects on 2-8-2021, when they obtained search warrants against the..........
Criminal Procedure Code, 1973, Section 173(8) -- Reinvestigation - S.173(8) Cr.P.C operates only after the final report is produced before the court - From the stage of registration of FIR up to the stage of filing of final report before the court, it is the domain of the Investigation Agency to investigate a matter in accordance with law without any judicial interference...........
