Civil Procedure Code, 1908, Section 115, Order 14, Rule 1 -- Issue regarding jurisdiction-Not treated as preliminary issue - Not a case decided - Such a direction cannot be interfered under Section 115...........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 9 -- Expln. VIII - Acquittal in a criminal case u/s 494 IPC holding that there was no marriage-Suit under section 9 Hindu Marriage Act is not hit by such finding of criminal Court...........
Criminal Procedure Code, 1973, Section 125(3) -- First Proviso - First proviso to S.125(3) applies to both the limbs or both the methods of recovery con-templated under Section 125(3)..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Compromise entered into between the parties-Competent one under section 125(1) - Principle enunciated...........
Criminal Procedure Code, 1973, Section 125(1) -- Scope - Maintenance petition - Compromise - Order passed accordingly - In terms of compromise wife and child entitled to maintenance for negligence and assault in failure-Execution file by wife claiming maintenance complaining non compliance with the order in accordance with the compromise - Maintainable - Held, order of..........
Criminal Procedure Code, 1973, Section 125, 66 -- Maintenance petition - Husband a Govt. servant - Service of summons - Procedure - Summons to be served as provided under Section 66 of the code-In exception cases summons can be served directly - Usually summons are to be served as provided u/s 66 of the Code...........
Criminal Procedure Code, 1973, Section 125, 66 -- Maintenance petition - Husband a Govt., servant - Service of summons - Proof of - Onus of proof - Notice sent as provided under section 66 of the Code but directly by registered post - Notice received back with endorsement `Refusal' - By itself no proof of refusal - Rival party is to prove refusal by adducing evidence -..........
Civil Procedure Code, 1908, Section 10, 151, 11 -- Expln.VIII - Stay of Civil stay of Civil Suit - Eviction proceedings pending - Relationship of landlord and tenant denied - Subsequent civil suit for recovery of arrears of rent - liable to be stayed under Section 10 CPC by taking aid of S.151 CPC in view of Expln.VIII of S.11 CPC...........
Civil Procedure Code, 1908, Section 47 -- Property not covered by decree delivered in Execution - remedy lies by filing application under Section 47 CPC and not by a separate suit...........
Civil Procedure Code, 1908, Section 47 -- Application under Section 47 CPC for redelivery of movables wrongly delivered in execution is maintainable even after the closing of the execution application...........
