Protection of Women from Domestic Violence Act, 2005 -- Criminal Procedure Code, 1973, S.125 - Domestic violence - Mere passing of an order u/s 125 Cr.P.C does not preclude respondent from seeking appropriate reliefs under Domestic Violence Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Procedure as envisaged under High Court Rules and Orders was not followed - Impugned order ordering party to proceeded against ex parte was taken in undue haste - Service by affixation as provided in O.5.R.17 CPC was not followed in the case - Matter remitted back to Court below for..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Magistrate allowed the prayer of Advocate of accused and dispensed with presence of accused, subject to advocate sign on plea - In case Advocate is willing to sign on plea in that case only such prayer for exemption..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302 -- Recall of Doctor/PW5 for further cross-examination - Murder case - Objection raised by accused regarding interpolation in medical record - Statement of PW5 was recorded by way of video conferencing and in such event, putting specific question about interpolation in post mortem report by..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Appeal - Vakalatnama - No written vakalatnama in favour of counsel of one of the defendants who represented him in appeal - However, counsel was engaged by father and brothers of said defendant who appeared as co-defendants in a suit for specific performance in which their interest was common - Moreover, defendant not chosen..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of construction raised by J.D. after passing of decree for permanent injunction - Executing Court has every right to pass appropriate orders for removal of obstructions in order to give effect to the decree passed by trial Court...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte order - Setting aside - Service of summons - Application for setting aside ex parte order was filed by defendant after lapse of more than 9 years - Mother of defendant was served in 2005 which was admitted by defendant - Mother of defendant had no interest in the suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Fact disclosed to previous counsel but he did not incorporate the same in written statement - Reason disclosed for not incorporating the plea in written statement before commencement of trial does not fall under the exception carved out under proviso to O.6.R.17 CPC - Order rejecting..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police assistance can be provided even when ad interim injunction order is not made absolute - An ad interim order has the same force as any final order and a party cannot refuse to abide an ad interim order on the ground that the same is only an ad interim direction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police assistance - Providing police assistance as Court prima facie coming to conclusion that ad interim injunction order is violated - If defendant is not violating ad interim injunction order then providing police assistance is nothing but an innocuous order and on..........
