Criminal Procedure Code, 1973, Section 389 -- Suspension of substantive sentence during pendency of appeal - High Court while declining to suspend the substantive order of sentence of life imprisonment has discussed the prima facie case established against accused before trial Court - In such circumstances, no interference warranted in the impugned order - As regarding..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution -Third party objections - Objections were rejected ex parte, as petitioner was not present on the date when objections were heard - Recall application filed by petitioner was also dismissed without considering the grounds on which it was filed - Since, reasons for non-appearance were adequately explained by..........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternative accommodation - If an order of residence would result in total negation and annihilation of rights of respondents and an alternative arrangement would reasonably protect right of residence and interest of both the parties, Court shall lean in favour of such an alternative arrangement...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Property in question is mortgaged to bank - Amount of loan remains overdue and action by bank for recovery of same is imminent - It was just and appropriate to order respondents to provide alternative accommodation to petitioner and to vacate the residence order -..........
Protection of Children from Sexual Offences Act, 2012, Section 16 -- Abetment - In order to constitute abetment, the abettor must be shown to have "intentionally aided" the commission of crime - Mere proof that crime charged could not have been committed without the interposition of alleged abettor is not enough compliance with the requirements of S.16 of POCSO Act...........
Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption u/s 29 of the Act - At the stage of framing of charge/discharge, it is not possible to delve deep into the facts borne by records in order to decide whether such a presumption would be rebutted or not...........
Civil Procedure Code, 1908, Section 10 -- Stay of first suit - Second suit filed by defendant was merely a ploy to delay the proceedings in the first suit - Order dismissing application, upheld...........
Negotiable Instruments Act, 1881, Section 138, 148A, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of compensation amount - Appellate Court passed the order without considering the fact whether accused is able to make out a ground that his case falls under exceptional category which warrants grant..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of a valid marriage is prerequisite for passing any order u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to second wife - Second wife herself admitted that husband was having first wife and children and first wife was living separately with husband - Unless husband is validly divorced from his first wife, marriage of husband with second wife will have no legal sanctity - Order granting maintenance to second wife set..........
