Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidence of PWs is not sufficient to sustain order u/s 319 Cr.P.C - No other evidence is relied upon by complainant to support the application u/s 319 Cr.P.C - Order of summoning of additional accused set aside...........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
Criminal Procedure Code, 1973, Section 362 -- Review - Order rejecting bail - Court can consider a plea afresh if there is any alteration of circumstances - Conditions of bail could also be varied if a case is made out for such variation based on that factor - Prohibition contemplated u/s 362 Cr.P.C. does not apply in such cases...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Neither of parties filed their affidavits reflecting assets and liabilities - Trial Court granted maintenance without following the guidelines of Apex Court - Impugned order set aside - Matter remanded...........
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence committed both under POCSO Act and SC/ST Act - Order refusing bail has been passed by Special Court constituted under POCSO Act and not by..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Plaintiff has deposited the diet expenses - Once diet expenses stood deposited, it was duty of Court to issue summons to witnesses of plaintiff for securing their presence - However, without summoning of witnesses of plaintiff, his evidence has been closed - Case of plaintiff has been..........
Civil Procedure Code, 1908, Section 54 -- Partition suit - Division of revenue land - Advocate appointed as Commissioner for division of revenue land by trial Court while passing preliminary decree - Collector or any Gazetted Subordinate Officer who is deputed by collector is entitled to division of revenue land as per S.54 CPC - Preliminary decree and final decree passed..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused was not initially named in the FIR - It was only when complainant saw the CD he came to know that accused was also one of accomplices of offenders - However, said CD has not come in evidence before trial Court - Statement of complainant alone cannot form basis to summon accused as an..........
