Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Mechanical recording submission of counsel for the accused and noting the protest of counsel for the State, bail granted by holding "in view of the aforesaid", can hardly reflect application of judicial mind by Court - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance - Recovery of arrears - Maintenance holder cannot be permitted to accumulate maintenance for a period more than 12 months and as such no application for execution of maintenance order can be entertained for a period exceeding 12 months immediately preceding the date of application...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is employed as JBT teacher and getting a handsome salary of Rs.60,000 pm - He is an able bodied man - Order granting interim maintenance of Rs.10,000/- to wife is proper...........
Criminal Procedure Code, 1973, Section 397, 125 -- Revision - Order of rejection of application u/s 125 Cr.P.C - Court below passed erroneous order by considering income of husband as Rs.30,000 only - Whereas, Husband admitted his salary as Rs.47,000 p.m - Finding runs against the record and not in accordance with law - Revisional Court has ample power to correct order and..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Service of summons - Service upon defendant was sufficient but mandatory provision of O.5.R.17 CPC not followed - On refusal to take summons by person on whom services to be effected, process server is required to affix notice on conspicuous place of house that too in presence of independent..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to claim alternative relief while giving up relief of specific performance - Basic character of suit will not be changed on allowing such an amendment - Even otherwise, plaintiff is entitled to seek alternative/additional relief - Order dismissing application set aside...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C treated as complaint case - Property dispute between parties - Parties are litigating the same before competent Courts - Considering all facts and circumstances of case order to treat application u/s 156(3) Cr.P.C as a complaint case seems to be just and reasonable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52 -- Ad-interim injunction - Right of inhabitant of an old age home to stay in such old age home - Possession of plaintiff in a room of an old age home is that of a licensee permitted to enjoy the possession, but without creating any interest in the property - Licensee has a legal right to stay..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Issue of res judicata - Issue of res judicata is a mixed question of law and fact depending upon pleadings of parties, the parties to the suit etc. - It is not a plea in law alone or which bars jurisdiction of Court or a statutory bar - Order of High Court directing trial Court to frame..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Absence of cogent reasons and failure to refer to relevant factors that weighted with Court to grant bail is also an important factor that persuade Appellate Court to interfere with the order passed...........
