Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Husband an able bodied young man capable of earning sufficient money, cannot deny his legal obligation of maintaining his wife - However, husband contended that he is ready and willing to support wife and children, thus question of maintenance does not arise - Contention rejected, as..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 15, Gujarat Minor Mineral Concession Rules, 2010, Rule 69, 70 -- Quarry lease - Grant of - Excavation of mineral sand - Application of petitioner rejected on ground that grant of quarry lease was after 31st March, 2010 - Admittedly, applications of petitioners for quarry lease was after 31st March, 2010 so..........
Criminal Procedure Code, 1973, Section 133, 138 -- Issuance of conditional order u/s 133 Cr.P.C. - Procedure - It is mandatory and a condition precedent to make a conditional order absolute that Magistrate shall take evidence - Report or information received by Magistrate before passing conditional order is no evidence against party...........
Criminal Procedure Code, 1973, Section 133, 138 -- Issuance of conditional order u/s 133 Cr.P.C. - Procedure - Conditional order cannot be made absolute without party (complainant) being called upon to substantiate the allegations, which necessitated the passing of conditional order by producing legal evidence - Views of Magistrate is no substitute for legal evidence that..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - If view taken by High Court while reversing judgment of trial Court appears to be just and reasonable which is also supported by cogent reasons, then Supreme Court would not re-appreciate the evidence again especially when appeal arises out of order of acquittal...........
Civil Procedure Code, 1908, Section 115 -- Revision - Finding of fact on a particular issue recorded by first appellate Court is usually binding on High Court while hearing revision against such order - Interference permissible only when any finding of fact is found to be wholly perverse or de hors to any provision of law or is recorded contrary to pleadings and evidence..........
Rent and eviction -- Remand of case - Appellate Court examined all questions arising in the case and recorded findings in plaintiff's favour - No need for High Court to remand the case again to appellate Court for deciding the same issues - Instead High Court should have examined the legality of findings on merits - Since there is no infirmity in the order recorded by..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Negatives of photographs - Court below rejected the application on the ground that negatives not mentioned in the list of reliance and affidavit of photographer, who allegedly clicked the photographs - However, it would be appropriate if trial Court considers the application after petitioners/plaintiffs are allowed to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - It is necessary for Court before allowing secondary evidence to form an opinion and be satisfied about existence of conditions u/s 65 of the Act under which such production can be allowed - In the instant case trial Court did not advert to the requirement of S.65 of the Act and did not consider the contentions raised..........
Partnership Act, 1932, Section 30 -- Partnership firm - Minor - Liability towards firm - Revenue recovery proceedings - Minor is not personally liable for any acts of firm though his share is liable for such acts - However, material on record shows that petitioner ceased to be a beneficiary of partnership firm - Period of assessment of sale tax arrears in question is later..........
