Civil Procedure Code, 1908, Order 1, Rule 10 -- Manipur (Village Authorities in Hill Areas) Act, 1956, S.3(2), Business of Govt. of Manipur (Allocation) Rules, 1999, R.2 - Impleadment of party - Bifurcation of amalgamated village - As per the record, villagers were never parties before the authority who has passed the impugned order and respondent No.4 being the headman of..........
Criminal Procedure Code, 1973, Section 245(2), Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Discharge - Charge framed and case fixed for evidence - At the stage of framing of charge, Court is only to see as to whether prima facie case is made out or not and not to consider whether evidence produced on record will lead to conviction or..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife left the house of her husband on being harassed and tortured for demand of dowry - Even evidence on record shows that husband did suspect on the conduct and character of wife - It would also amount to cruelty - More so, wife trying to get maintenance since 2005 but not even a single penny in lieu of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife left the house of her husband on being harassed and tortured for demand of dowry - Even evidence on record shows that husband did suspect on the conduct and character of wife - It would also amount to cruelty - More so, wife trying to get maintenance since 2005 but not even a single penny in lieu of..........
Civil Procedure Code, 1908, Order 6, Rule 2, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Evidence beyond pleadings - Divorce - Cruelty - Petition by husband - Husband seeking divorce on the ground of cruelty - Issue relating to adultery and evidence on this point as well as finding given by Court below, are all beyond pleadings of parties, which cannot be allowed to..........
Criminal Procedure Code, 1973, Section 468, 472, Indian Penal Code, 1860, Section 406 -- Limitation - Offence u/s 406 IPC is a continuing offence - Law relating to cognizance in the matter is governed by S.472 Cr.P.C, as in case of continuing offence a fresh period of limitation begun to run at every moment of time during which offence continues - Order taking cognizance..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Third party objections - Framing of issues - Court is not obligated to follow regular procedure in every false and frivolous objections - Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree - Order dismissing objections, upheld...........
Criminal Procedure Code, 1973, Section 427 -- Scope - Appellate Court and Revisional Court are empowered to pass order u/s 427 Cr.P.C., as appeal and revision are extension of trial...........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 420, 406, 120B -- Concurrent running of sentences - Petitioner sentenced in six cases - If an order with regard to concurrent execution of sentence is not passed, petitioner will have to languish behind bar for about 18 years - Keeping in view charges proved against accused, it is not proper to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Courts below after considering oral and documentary evidence on record rightly rendered a finding of fact that plaintiff was in prior possession of suit property and had permitted defendants who were his son and daughter-i, law to stay in the suit premises along with him due to..........
