Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance of offence - No charge sheet is submitted against petitioners rather investigation was kept pending against them - Taking cognizance of offence against petitioners by Magistrate in such circumstances is utter violation of S.190 Cr.P.C - Order taking cognizance against petitioners held, quashed...........
Criminal Procedure Code, 1973, Section 125(1)(b) - - Maintenance to divorced wife - Divorced wife entitled to maintenance from her ex husband as per S.125(1)(b) Explanation (b) Cr.P.C - Order of granting maintenance to divorced wife held, proper...........
Civil Procedure Code, 1908, Order 41, Rule 28 -- Additional evidence at appellate stage - Mode of taking - First appellate Court after allowing of additional evidence may either record same of its own or direct trial Court to record it or send same to it - Instead of following procedure U.O.41.R.28 CPC, first appellate Court adopted a shortcut method to dispose of appeal..........
Criminal Procedure Code, 1973, Section 311 -- Order of Court to summon any witness after closure of evidence - Cannot be treated as a review of order closing evidence...........
Criminal Procedure Code, 1973, Section 311 -- Examination of two Medical Officers - After closure of prosecution evidence - Complainant sought examination of two doctors to prove medico legal report and x-ray report - Such evidence would advance cause of justice and it is essential to just decision of case - It does not amount to review of order closing evidence - Order..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought to be produced at the stage when case was reserved for pronouncement of judgment - Suit pending for the last 12 years - No specific averments made in application as to why despite due diligence documents intended to be produced as additional evidence could not be filed at the time of leading evidence -..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Ex parte order - Party to a lis has at least a right to appear before Court even after being proceeded against ex-parte - Ex-parte order set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax return of husband showing his annual income Rs.4,03,804 for the year 2015-16 is on record - Husband can easily pay maintenance of Rs.15,000 pm as awarded and cannot be said to be exorbitant - Said order calls for no interference...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 2 -- Eviction order - Execution proceedings - Application U.O.21.R.2 CPC - Dismissal of application - Courts below rightly stated that objections have been filed with a malafide intention only with a view to delay execution proceedings - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Plea of accused that he informed bank authority of forceful taking of cheques by complainant immediately after occurrence - Plea not proved, there being no supporting evidence either oral or documentary - Moreover, his contention..........
