Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Non-filing of written statement within 30 days - Wrong noting of date - Service on defendants duly effected but written statement not filed within period of 30 days - No application seeking extension of time to file written statement filed - Even if it is treated to be a case of wrong noting of..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise of marriage - Reduction of sentence - High Court rightly accepted the version of prosecutrix and while affirming conviction of accused, reduced the sentence from 7 years to 2 years R.I with fine of Rs.35,000, in default thereof to undergo further period of 6 months as simple sentence - No interference warranted in the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband convicted for committing offence of bigamy but appeal thereagainst pending - Wife is staying separately due to said fact cannot be said that she is staying separately without any justifiable reason - High Court committed error by rejecting maintenance to wife - Impugned order of High Court set aside -..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227, 228 -- Offence u/ss 304-B, 498-A, 34 IPC - Framing of charge - Discharge of mother-i, law and married sister-i, law of deceased - Deceased committed suicide in her matrimonial home - Suicide note was found in which guilt has not been saddled on any of accused, much less mother-i,..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. - Attachment of property - Attachment order was stayed by Revisional Court and was kept in abeyance for three years - Petitioners were in possession of disputed property and are reported to be residing therein - No untoward incident involving breach of peace occurred in the intervening period between..........
Indian Penal Code, 1860, Section 323, 504, 506, 384 -- Offence u/ss 323, 504, 506, 384 IPC - Quashing of summoning order - Complainant caught red handed by applicants while copying in examination by using unfair means - He filed complaint against applicants and summoning order was passed against them - Neither in the summoning order there is discussion of evidence nor..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of - Appeal thereagainst - Order not appealable - If any illegality, impropriety or irregularity is found in such order, it can be scrutinized through exercise of revisional jurisdiction...........
Criminal Procedure Code, 1973, Section 125(2) -- Maintenance - Payable from which date - Ordinarily, order of maintenance amount should be payable from date of order and not from retrospective effect unless there is specific reason that are assigned in order...........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Court commissioner - Objection as to statement of persons recorded by commissioner, who were not named in the order - No objection was raised by opposite party when specific question regarding such objection had been asked from them - It is now not open for opposite party/corporation to raise such plea at subsequent stage -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - When sentence of fine is imposed then Court has no authority to order compensation...........
