Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte order - Setting aside - Ex parte order set aside subject to payment of Rs.10,000/- as costs and payment of Rs.1,000/- p.m. from the date of order as interim maintenance pending decision of proceedings u/s 125 Cr.P.C. - Order upheld...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 228 -- Abetment to suicide - Framing of charges - Suicide note reveals that deceased herself was responsible for her act - She wrote suicide note in presence of her brothers 17 days prior to her death - Deceased was under severe depression - No direct evidence to connect petitioner with crime -..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte order - Setting aside - Ex parte order set aside subject to payment of Rs.10,000/- as costs and payment of Rs.1,000/- p.m. from the date of order as interim maintenance pending decision of proceedings u/s 125 Cr.P.C. - Order upheld...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/ss 302, 341, 323, 452, 336, 143, 149 IPC - As on completion of 90 days of prescribed period u/s 167 Cr.P.C there were no papers of investigation or charge sheet u/s 173 Cr.P.C before concerned Magistrate - Accused was thus denied of protection established by law - Issue of their custody had to be..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 10 hours in registration of FIR - Dead body of deceased recovered at about 9-9.30 a.m. - Body was naked - Identity of deceased was not known - It was not even known whether death was natural, accidental or homicidal - In these circumstances, registration of FIR cannot be said to be belated and registration of FIR..........
Civil Procedure Code, 1908, Order 37, Rule 5 -- Recovery suit - Commercial transaction between parties - Suit is pending and defendants have not yet filed their written statements disclosing their defence - Trial in the suit on merits is yet to commence - Any observations made by Supreme Court on facts would cause prejudice to rights of parties while prosecuting suit on..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Summoning of additional accused - Offence u/ss 307, 147, 148, 149 IPC - All accused were stated to be present at the time of occurrence and carrying fire arms - In view of consistent testimony of both PWs as to presence of all applicants at the time and place of occurrence,..........
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5 -- Res judicata - Orders passed in application for substitution of L.R's - A decision U.O.22.R.5 CPC is in the nature of collateral proceedings for the purpose of determining who are LRs for continuing the suit - Order passed is not a final order or final adjudication of the matters involved in the suit - Absence of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of second appeal - Appeal decided in terms of compromise - Compromise challenged by one of the parties - High Court dismissed application - In appeal thereagainst Supreme Court remitted the matter for fresh consideration and to decide question of consideration of compromise - High Court without..........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 14, Rule 5 -- Order dismissing applications U.O.6.R.16, O.14.R.5 CPC - Composite petition u/art 227 of Constitution challenging said order disposing of two miscellaneous applications is not maintainable for misjoinder of cause of action - Dismissal of two miscellaneous applications unconnected..........
