Special Marriage Act, 1954, Section 27(d) -- Divorce - Cruelty - Petition by husband - Wife filed various complaints against husband - However, complaint was not filed with the intention to cause harm to professional or social status of husband - Depositions of witnesses also does not support case of cruelty - No evidence on record to substantiate allegation of cruelty -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax returns do not necessarily furnish an accurate guide of real income - It is for Family Court to determine on a holistic assessment of evidence what would be real income of husband so as to enable wife and children to live in a condition commensurate with status to which they were accustomed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute relating to registered will - Appellant and respondent No.3 were excluded and beneficiaries were respondents No.1 & 2 - Apprehension that defendants will alienate immovable properties covered under Will - Defendants were directed to maintain status quo of the property mentioned in the Will -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Report of earlier commissioner appointed does not reveal status of construction raised by defendants - It was thus, in the interest of justice to appoint another commissioner - Application rightly allowed...........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction - Transfer of case - S.142(2)(b) of the Act provides that the offense u/s 138 of the Act shall be inquired into and tried by a Court within whose local jurisdiction, if the cheque is presented for payment by the payee or holder in due course, the branch of the drawee bank where the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Criminal liability and vicarious liability - Criminal liability is attracted only on those, who at the time of commission of offence, were in charge of and were responsible for conduct of business of the firm - But vicarious criminal liability can be inferred against the..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - Where judgment or decree injuncts either of parties before Court from performing any particular act, ordinarily, no stay of such an order can be sought as it would amount to placing the clock back and restoring status quo ante...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Status quo order cannot be granted by exercising power u/s 151 CPC, when there is express provision provided under CPC...........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........
Interim maintenance -- Husband has not come with clean hands before Court to disclose the annual income - He has enough resources to take housing loan of Rs.20 lacs and has a business in the nature of agricultural operations besides other source of income which he has deliberately concealed from Court - Wife is entitled to Rs.25,000 p.m towards interim maintenance from..........