Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Petitioner/son is running a grocery shop in the village and other sons are daily wagers - Father is aged about 80 years and neglected by all the sons - Order directing petitioner to pay sum of Rs.3000 pm to father and other sons to pay a sum of Rs.1,500 each is proper...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 of the Act - Civil suit is pending between parties - However, no protection or ad interim injunction has been granted - Police report reveals that there was every chance of breach of peace - Impugned preliminary order and order of attachment of property is proper...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Sworn affidavit of complainant is necessary in support of complaint - Complaint without sworn affidavit of complainant - Order referring complaint to police for investigation and subsequent registration of FIR set aside...........
Civil Procedure Code, 1908, Section 24, 22, 23, 2(4), Family Courts Act, 1984, Section 7 -- Transfer of matrimonial case - Jurisdiction of Court - Where Lucknow Bench would be appellate Court competent to hear appeals against an order passed by Family Court situated in any of Courts subordinate to it and functional within its territorial limits of jurisdiction, transfer..........
Criminal Procedure Code, 1973, Section 357A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 396 -- Victim compensation - Case concerning bodily injuries such as sexual assault etc. - Directions issued: (i) Sessions Court, which adjudicates a case concerning bodily injuries such as sexual assault etc. particularly on minor children and women shall order for victim..........
Civil Procedure Code, 1908, Order 21, Rule 12 -- Execution - Decree for possession and mesne profits - Determination of mesne profits - Court which passes a decree for possession of land may direct an enquiry as to mesne profits both prior to institution of suit and subsequent thereto - Executing Court cannot assume a jurisdiction which is not vested with it, as executing..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to petitioner cancelled on the ground that he is involved in other offence - However, prosecution has not produced any material to show that alleged involvement of petitioner in subsequent crime has any nexus with trial or any of proceedings in the case - Nothing to show that he had an..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Postponement of implementation of order granting bail for six months - No reasons assigned as to why implementation of order granting bail was postponed for six months - No such condition could be imposed for grant of bail to accused - If Court is satisfied on merits, it should grant bail or otherwise reject the same -..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Order granting interim maintenance is subject to final adjudication and it is provisional step subject to final determination to be made on the conclusion of proceedings...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
