Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Magistrate has come to the conclusion that there was no breach of peace - Matter related to title dispute which is pending adjudication before Civil Court and question of title can be decided by Competent Court - Magistrate rightly closed the proceedings...........
Civil Procedure Code, 1908, Section 92, 151, 11 -- Leave u/s 92 CPC - Dismissal of application for revocation by High Court - Defendants are estopped under law to agitate same matter again before District Judge after being defeated on contest from High Court...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructer who seeks to resist execution of a decree must demonstrate an independent right, title or interest in the property that is subject matter of decree - Claim of such a third party can only be adjudicated if title asserted is shown to be superior or at least independent of title..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors are not asserting any independent title rather they are admittedly tracing their right and title through their vendor - However, title of vendor is negated judicially - Objectors therefore, steps into the shoes of a person whose claim to title was already judicially negated -..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Person cannot be said to `abscond' or `evade' the execution of warrant when he had gone to a distant place before issuance of warrant...........
Criminal Procedure Code, 1973, Section 82, 105 -- Proclaimed offender - Petitioner was at Canada at the time when non-bailable warrants and even proclamation was issued against him which were received back unserved - No effort was made to effect personal service of petitioner through embassy of India located in concerned Country where petitioner was residing at the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - At the stage of interim maintenance, a detailed trial or adjudication on actual income is neither warranted nor possible - Prima facie assessment is to be made on basis of pleadings, affidavits and such material as may be available on record...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While right to fair opportunity and adherence to natural justice are essential, technical delays or procedural lapses cannot defeat the very purpose of provision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - An able-bodied person cannot shirk his responsibility to maintain his wife and children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Mere fact that wife herself is qualified and capable of earning does not absolve husband from his statutory duty u/s 125 Cr.P.C., particularly in respect of child...........
