Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - Rule to deposit 20% of compensation amount at appellate stage is not an absolute rule but can be accommodate exceptions in exceptional..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail accused directed to deposit Rs.2.5 crores with 10% simple interest every year - Condition imposed is not sustainable and same quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If wife for her survival does some work, it may not disentitle her from maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Revision - Court at the revisional stage had not conclusively determined the rights of parties - If any new fact with regard to the income of parties is brought to the notice of Court below at any subsequent stage, Court would definitely consider it before recording a final conclusion with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Parties are residing as husband and wife for a considerable long time - No specific finding given by trial Court that wife is not legally wedded wife of husband while granting maintenance to wife - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court reversed the judgment of trial Judge and convicted accused - Findings of High Court are totally based on conjectures and surmises - High Court could have interfered in the criminal appeal only if it came to conclusion that findings of trial Judge were either perverse or impossible - No..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - There must be identity of the matter in issue in both the suits inasmuch as subject matter in both the proceedings is identical...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - If property in two suits is one and the same but issues are separate and there is no identity at all with regard to the cause of action and also the reliefs then subsequent suit is not liable to be stayed u/s 10 CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - It is not only the identical subject matter but also the relief claimed in both suits that determine the applicability of S.10 CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed for declaration and permanent injunction and subsequent suit for eviction - Issues which arise in earlier suit are quite distinct from issues which arise in suit seeking eviction of tenants - Although suits may be in respect of very same property, nevertheless, issues do not overlap and..........
