Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Cruelty - Dowry demand - Allegation against relatives of husband - No justification or/and prima facie case to proceed against appellants either jointly or severally for commission of offences alleged..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Application for amendment cannot be permitted if cause set out in amendment would have been barred by law of limitation - Trial Court committed error by allowing amendment application, which reflects no, application of mind - Impugned order set aside - Application rejected...........
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order of deposit of 20% of amount of fine or compensation as awarded by trial Court - If lower Appellate Court has passed order of deposit of 20% of amount, then although..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Husband is well established businessman - Sum of Rs.8000/- p.m as awarded to son is not on higher side more particularly when prices are rising everyday and cost of upbringing of a child including the medical expenses is quite expensive - Admission of a child in a reputed school of country is also a..........
Civil Procedure Code, 1908, Section 47 - - Death of D.H. during pendency of execution proceedings - On death of D.H. his heirs stepped into his shoes and are competent to take execution proceedings to its logical conclusion - Objection that landlord for whose need the shop was released, having died, the execution proceedings should be dismissed as infructous - Release..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Dispute as to who shall be Chief Mutawalli - Single Bench after taking into account prima facie view, came to conclusion that Chief Mutawalli would remain in family of plaintiff and his family members for all time to come - No infirmity found in order of Single Judge - Division Bench fell into error..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing FIR - Case to be restored to its number as if order quashing FIR had not been passed - High Court on one hand restored the case and on the other hand, dismissed the case - This approach of High Court thus, not legal and to that extent order of High Court set aside...........
Criminal Procedure Code, 1973, Section 482 -- Recall of order quashing FIR - Having regard to facts alleged and grounds taken therein, recall orders cannot be faulted with - No good ground to interfere in order recalling of petitions - Criminal Petitions thus, restored - High Court to decide these three cases on merits in accordance with law...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - In order to attract rigor of S.197 Cr.P.C, it is necessary that offence alleged against a Government Officer must have some nexus or/and relation with discharge of his official duties as a Government Officer - In the instant case alleged offences committed while not discharging official duties or..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Complaint - High Court while hearing application u/s 482 Cr.P.C had no jurisdiction to appreciate statement of witnesses and record a finding that there are inconsistencies in their statements and therefore, there was no prima facie case made out against accused - This could be done only in trial while deciding..........
