Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Permanent alimony of Rs.20 lakhs granted to wife - Maintenance granted to wife @ Rs.5000 p.m u/s 125 Cr.P.C. for her life modified and the same set aside with effect from the date of this judgment - However, order awarding Rs.2500 p.m to children till attaining majority is not disturbed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration that sale deeds are null and void - Restraining defendant from raising any construction and transferring suit property in favour of a third party - Possession of defendant No.1 over suit land is clearly established vide sale deeds in question and as per mutation entry - No prima..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Exparte decree - Setting aside - Refusal to accept summons - No report of affixation of summons - Non compliance of O.5.R.17 CPC - Service cannot be deemed to be effective one - Order setting aside ex parte decree calls for no interference...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Husband is running a garage and earning Rs.1 lakh p.m, though he denied the same but not adduced any evidence - Having taken note of cost of living and also expenses to be met to two children who are now aged about 13 years and 12 years, quantum arrived at by trial Court i.e Rs.5000/- to..........
Criminal Procedure Code, 1973, Section 439, 438 -- Pendency of bail application - Duty of police officer before arrest of accused - It is the duty of every Police Officer to contact the office of prosecutor before arresting an accused, when a bail application is pending before a Court of law to verify whether there is any interim order passed by Court - Without verifying..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to accused two years ago - After two years of passing of order granting bail, if an order for cancellation of same is passed, it may re-ignite the rift and acrimony between parties - Moreover, there is no complaint of abusing the liberty so granted to accused - It is thus, not appropriate..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Provision of O.8.R.1 CPC in non commercial suits is discretionary and not mandatory - Defendant permitted to file written statement within one week from date of order subject to payment of Rs.40,000/- as costs...........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 36 -- Filing of execution petition before Commercial Court where defendant resides - Well within meaning of S.36 of Act of 2015 - Order passed by Commercial Court returning back case invoking provision of O.7.R.10 CPC is patently wrong and set aside...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - High Court while passing the discharge order did not even referred to the evidence collected by Investigating Agency produced alongwith charge sheet in its entirety - Rather there is selective reference to the statements of some of the persons recorded during investigation - It shows that there was total non..........
