Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 506, 34 -- Cancellation of bail - Dowry death - Issue whether there were specific allegation with regard to demand of dowry, giving beatings to accused, cannot be looked into at this stage and shall be essentially gone into during the course of trial - Bail granted to accused after..........
Civil Procedure Code, 1908, Order 7, Rule 11, Wakf Act, 1995, Section 85, 40 -- Rejection of plaint - Bar of Civil Court jurisdiction - Jurisdiction of Civil Court is specifically ousted in determining issue whether a particular property is or is not a Waqf property - Plaint rejected...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree - Petitioner claimed to be transferee of property by a tenant who was ousted by decree of eviction - Title of decree holder is not disputed by petitioner - Documents produced by petitioner do not give any conclusive proof of title to sustain possession of petitioner so as..........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Court while dealing with cancellation report filed in matrimonial case especially where complainant accepted such cancellation report, ought to proceed in a compassionate manner and not with a pedantic approach...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Joining of defendants - Provision U.O.1.R.3 CPC would be attracted only when right to relief against defendants is said to be in respect of the same acts or transactions and common questions of law or facts would arise if separate suits were brought against them...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Recovery of arrears of maintenance - Attachment of retirement dues of deceased mother of husband - Retirement dues of mother of husband after her death coming to the hands of husband, cannot be termed as retiral dues or service benefits of his mother - Said amount as tangible corporeal property is..........
Criminal Procedure Code, 1973, Section 125, 421 -- Maintenance to wife - Recovery of arrears of maintenance - Arrears of maintenance is recoverable in the same manner provided for recovery of fines levied in a criminal case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant as a witness - Previous counsel of accused failed to put some questions as well as some documents to complainant - Relevance, admissibility and reliability of any such question or document was supposed to have been spelt out by accused so as to enable Court to evaluate the requirement of recall of..........
