Civil Procedure Code, 1908, Section 96 -- First Appeal - Maintainability - Dismissal of suit for no, prosecution - Trial Court dismissed suit and passed a decree accordingly - Effect of such an order would preclude the plaintiff from filing same suit on the same cause of action - Such a decision can have the status of decree, as such determination shall conclusively put to..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Dismissal of suit for no, prosecution - Plaintiff being a old man and not keeping well and also has to look after her daughter and as such could not depose into the matter and sought time on that count - However, advocate of plaintiff sought time to withdraw his appearance - Evidence of plaintiff was accordingly closed and..........
Criminal Procedure Code, 1973, Section 397(2), 311 -- Revision - Order allowing application u/s 311 Cr.P.C. - It is an interlocutory order - Revision against same is not maintainable - Petition challenging the validity of interlocutory order lies before Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband though having sufficient means, refused and neglected to maintain wife - Even accepting that husband is doing labour work, amount of maintenance allowance granted @ Rs.700/- p.m is quite just and reasonable - No interference warranted in the impugned order of granting maintenance to wife...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons not served to defendant - Presuming the service of defendant in the order sheet on the basis of refusal cannot be considered to be justified and legally perfect, particularly when registered address filed along with it is alleged to be forged and not actually filed by defendant -..........
Criminal Procedure Code, 1973, Section 24, Protection of Children from Sexual Offences Act, 2012, Section 34, 44, Protection of Children from Sexual Offences Rules, 2012, Rule 6, Constitution of India, 1950, Article 304, Kerala Govt. Law Officer (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978, Rule 14 - - Special Public Prosecutor - Appointment..........
Civil Procedure Code, 1908, Order 9, Civil Procedure Code, 1908, Order 17 -- Dismissal of suit for non production of plaintiff when suit was at the stage of plaintiff's evidence - Evidence of plaint as well as defendant closed and suit dismissed on the same day despite the fact that burden to prove issues No.1 to 5 was on the defendants - Even without hearing counsel for..........
Criminal Procedure Code, 1973, Section 397(1), 401 -- Revision - Proceedings under Protection of Women from Domestic Violence Act, 2005 - There is no specific provision relating to preferring a revision petition in High Court against order of Appellate Court in proceedings under 2005 Act - But where there is grave miscarriage of justice or abuse of process of Court or..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2), Prisons Act, 1894, Section 48A, 59 -- Double jeopardy - In the instant case, remission of prisoner was cut and he was removed from post of convict overseer and he was made overstay of furlough leave - Said act does not amount to double jeopardy as condition precedent for applying..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking..........
