Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Family Court granted Rs.15,000 to wife and Rs.10,000 to son as maintenance - High Court reduced maintenance of wife to Rs.6,000/- on the ground that wife is capable of earning - Whether wife is capable of earning or whether she is actually earning are two different requirements - Merely because..........
Civil Procedure Code, 1908, Order 37, Limitation Act, 1963, Section 5 -- Recovery suit - Restoration of suit - Dismissed in default - Condonation of delay - There is no gross negligence or lack of bona fides on the part of plaintiff - Plaintiff's claim for recovery of Rs.3,94,754 against defendant warrants adjudication - Order dismissing suit set aside...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 313, 365, 344, 120B -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 313, 365, 344, 120-B IPC - Applicant prayed for stay of order of conviction as she intends to contest the elections in State of Punjab - However, involvement of applicant in serious offence..........
Civil Procedure Code, 1908, Order 21, Rule 11(2), 105, 106 -- Execution - Dismissal in default - Decree holder has remedy either to apply for setting aside the order or file a repeat application - Decree holder can file number of applications for execution of decree, till decree is satisfied...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Interim injunction - Suit for recovery - Interim protection granted in 2006 by Division Bench in force till date - Said order was not challenged - After lapse of 11 years, vacation of injunction order sought on ground that suit is for recovery of damages - Said submission is unsustainable - Interim order passed by Division..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Not named in FIR - Cannot be summoned on the basis of supplementary statement of complainant made on that very day when there is discrepancy regarding involvement of accused in the testimony of complainant and PW4 - Improvement made in the original statement was simply to rope in another family member of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence closed by order - To allow additional evidence thereafter is to circumvent order of closure of evidence. (Para8)..........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C. - Purpose of S.311 Cr.P.C. is to enable Court to arrive at a just decision of case - Power should be exercised judiciously and not arbitrarily - It should be resorted if it is essential to examine such witnesses in order to arrive at a just decision of case - Additional evidence must not be received..........
Criminal Procedure Code, 1973, Section 227, 173 -- Discharge - Two charge-sheets filed for same offence - Two Sessions trials relating to same case - All accused were charge-sheeted for commission of identical offences - Even all witnesses in both trials were same and has not supported prosecution case - Trial Court rightly considered statement of witnesses of charge sheet..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Suit for specific performance - Defendant proceeded ex parte on 4.4.2013 and application to set aside ex parte order filed on 17.1.2015 - Numerous opportunities taken by plaintiff to file reply to the application - After filing of reply case adjourned thrice for arguments - By virtue of the..........
