Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife is guilty of parental alienation and is in violation of order passed by Apex Court - Contention rejected, as said issue is not subject matter of lis before this Court and any alleged violation of Apex Court order, cannot be a matter of adjudication before this Court...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Wholesale remand without framing any issue and without application of mind, is not permissible - Order of remand set aside...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Magistrate after obtaining response from husband and his relatives etc. is well within his jurisdiction to revoke his order of issuing summons to them or he can even drop the proceedings...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Interim order - Magistrate has jurisdiction to cancel interim order passed by him, if upon going through the response of husband and his relatives, finds that they have been unnecessarily roped in or no case for grant of interim order is made out...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Proceedings u/s 12 of the Act are not in strict sense criminal in nature, as such bar to alter/revoke an order by a Magistrate is not attracted to proceedings...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Fine forms part of sentence when Court imposes imprisonment and fine - In such cases, Court has to order payment of compensation from amount of fine as provided u/s 357(1)(b) Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW9 for cross-examination - Rape case - Opportunity to cross-examine PW9/principal of School of victim could not be availed due to unavailability of counsel of accused - However, counsel for accused should have remained present on the date fixed for cross-examination of PW9 - Neither it is mentioned in the order nor..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - It is only if a party is a necessary or a proper party that they can be directed by Court to be joined in the proceedings - If a person is not found to be a necessary or proper party, Court has no jurisdiction to order impleadment against the wishes of plaintiff...........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Re-assessment of income of deceased - Salary certificate of deceased produced on record showing monthly salary at Rs.15,000/- - Said salary certificate is proved on record - Deceased was a qualified person working as Manager in private firm - Tribunal and High Court committed error by not giving due..........
