Criminal Procedure Code, 1973, Section 125, 401, 482 -- Maintenance - Revision - Order enhancing maintenance u/s 125 Cr.P.C. - Earlier petition u/s 482 Cr.P.C against such order was filed by husband which was dismissed as withdrawn on the ground that there was a possibility of amicable settlement between parties - Whereas, present revision u/s 401 Cr.P.C. filed by husband..........
Criminal Procedure Code, 1973, Section 457 -- Application u/s 457 Cr.P.C - Dismissed in default - Restoration application - Maintainability - Application for restoration of earlier application by recalling order by Magistrate is not permissible under law - However, petitioner is not remediless, he has two remedies firstly to approach High Court or Session Court and..........
Criminal Procedure Code, 1973, Section 357A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Compensation to victim - DLSA (District Legal Services Authority) rejected application of petitioner on ground that Court which passed order of conviction and sentence has not further passed the order of compensation - Order of rejection set aside as..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 313, 376 -- Cancellation of bail - Offence u/ss 313, 376 IPC - Bail granted solely on the plea of community service - Granting of bail on said plea is completely unwarranted - Bail order quashed...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Order allowing withdrawal of suit without there being specific mention of the fact of granting liberty to plaintiff to file a fresh suit - Plaintiff in his statement clearly stated that he wants to withdraw the suit with liberty to file fresh suit - Statement of..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Offence u/s 406 IPC - Matter is of a civil nature involving question of accounting, which can be decided by evidence of parties - Magistrate mechanically summoned applicant without appreciating procedure of law - Dragging matter before criminal Court is nothing but..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20 -- Temporary injunction - Declined - Appeal against - Appeal filed against some of the defendants - Allegations against all the defendants in order to justify grant of temporary injunction - Grounds of appeal directly concern defendants in the pending suit who have not been made..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - No evidence produced by husband regarding his income - However, Court below has ordered maintenance @ Rs.10,000 and Rs.5000 p.m respectively to wife and child - Notional income of petitioner was not calculated - Maintenance to wife reduced from Rs.10,000 to Rs.8000 - Rest of order stands..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of decree holder (DH) - Substitution of son of DH - Petitioner along with his all brothers and sisters have received the notices under execution proceedings but they never came forward to get themselves substituted/impleaded in execution proceedings - Petitioner was thus,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant from date of application - Reasons not recorded for grant of maintenance from date of application - Impugned order set aside - Maintenance payable from date of order...........
