in a Maintenance Petition (S.125 CrPC / S.144 BNSS)**

1. Wife Has Sufficient Independent Income

If the wife is earning or has the capacity to earn, highlight:

• She is gainfully employed / running a business / receiving rental income.
• She is qualified and capable of working but has chosen not to work.
• Provide documents like salary slips, social media business pages, GST details, property records, etc.

Courts deny or reduce maintenance when the wife has sufficient income.

2. Husband’s Actual Financial Capacity

Clearly show your real income and expenses:

• Salary is low / irregular / job loss
• Loans, EMIs, medical expenses, dependent parents, children, etc.
• Attach proof: bank statements, loan statements, doctor reports.

Courts cannot burden the husband beyond his actual capacity.

3. Wife Left Without Sufficient Cause (Desertion)

If the wife left the matrimonial home without valid reason:

• No cruelty or dowry demand from husband
• Repeated requests to return were refused
• Mediation notices were ignored

A wife who leaves without reasonable cause may lose the right to maintenance.

4. Wife is Living in Adultery (If Applicable)

Under S.125(4) CrPC & S.144(4) BNSS:

• A wife living in adultery cannot claim maintenance.
• Provide evidence if available (messages, photos, call records, witness statements).

Courts strictly apply this bar when adultery is proven.

5. Husband is Ready to Maintain, But Wife Refused to Live With Him

Show willingness for reconciliation:

• Attempts for settlement/mediation
• Written offers to resume cohabitation
• Proof that wife refused without reason

If the husband is willing and the wife refuses, she may not be entitled to maintenance.

Optional Bonus Points (If Applicable)

✔ Wife is filing false criminal cases only to harass
✔ Wife receives maintenance from another source (parents’ pension, previous case, etc.)
✔ Wife is intentionally suppressing her income
✔ Husband already bearing expenses of child, rent, schooling, etc.

Family Matters, Divorce Case, Dowry Act, Domestic Violence, Child Custody, Adoption, Court Marriage, Maintenance in Family cases .

Courtroom-ready explanation of “Decree vs Order vs Judgment” with core differences, examples, and legal clarity under the Civil Procedure Code (CPC), 1908.

1. JUDGMENT (Section 2(9) CPC)

Meaning:

A judgment is the statement of reasons given by the Judge for arriving at a decision.

What it contains:

✔ Facts
✔ Issues
✔ Evidence discussion
✔ Legal reasoning
✔ Findings
✔ Final conclusion

Example:

Judge explains:

• What evidence proves?
• Who is right?
• Why the relief is allowed or refused?

End Result: Leads to Decree or Order.

2. DECREE (Section 2(2) CPC)

Meaning:

A decree is the formal expression of the final adjudication of rights of parties in the suit.

When decree is passed?

✔ Always in a suit
✔ Always after a Judgment
✔ When substantive rights are finally decided

Types of Decree:

1. Preliminary – rights declared but further action required (e.g., partition, accounts)
2. Final – completely disposes of the suit
3. Partly preliminary & partly final

Example:

Court orders:

• The plaintiff is the owner of the property.
• Defendant is permanently restrained.

This is a Decree.

3. ORDER (Section 2(14) CPC)

Meaning:

An order is any decision of a court which is not a decree.

When order is passed?

✔ In a suit, application, or miscellaneous proceedings
✔ On procedural matters
✔ On interim issues

Example:

• Order on stay application
• Order to issue summons
• Order rejecting amendment of plaint
• Order granting temporary injunction (Order 39)

CORE DIFFERENCES (Easy Table)

SIMPLE EXAMPLE TO UNDERSTAND DIFFERENCE

Case:

Plaintiff files a suit for possession + injunction.

Judge writes reasoning → JUDGMENT

Judge then passes final decision →

“Plaintiff is owner. Defendant must vacate.”
This is the DECREE

During trial:

Court rejects defendant’s adjournment application.
This is an ORDER

Key Practical Points for Lawyers & Students

✔ Judgment explains WHY

✔ Decree tells WHAT

✔ Order handles HOW/PROCEDURE

Why this matters?

Because appeals, execution, review, revision, and limitation periods ALL depend on whether the decision is a decree, order, or judgment.

(Meaning, Differences, Purpose & Practical Tips)

1. What Are Exhibits in Civil Cases?

Exhibits are documents or material evidence relied upon during the trial, formally admitted by the court and given exhibit numbers.

Examples of Exhibits

• Sale deed
• Agreement to sell
• Photographs
• Receipts
• Medical reports
• CCTV footage
• Expert reports

How Exhibits Are Marked?

• Plaintiff’s exhibits: Ex. PW-1/1, Ex. PW-1/2, etc.
• Defendant’s exhibits: Ex. DW-1/1, Ex. DW-1/2, etc.

Exhibits become part of evidence after they are proved and marked by the court.

2. What Are Annexures in Civil Pleadings?

Annexures are documents attached along with pleadings or applications, only to support or strengthen the written pleadings.

They are not evidence yet.
They are only attachments, not exhibits.

Examples of Annexures

• Copies of notices
• Copies of reply
• Email/Webpage printouts
• Ledger/statement copy
• Photographs (before admission)
• Any supporting document to show prima facie case

How Annexures Are Numbered?

• Annexure P-1, Annexure P-2 (for petitioners)
• Annexure R-1, Annexure R-2 (for respondents)

Annexures remain annexures until proved in court.

3. Key Difference Between Exhibit and Annexure

4. When Do Annexures Become Exhibits?

An annexure becomes an exhibit only when:

✔ It is shown to witness during examination
✔ Opposite party is allowed to inspect
✔ Court admits it in evidence
✔ Court marks it as an exhibit

Until then, it is not evidence.

5. Practical Example

Situation:

A plaintiff files a suit for recovery of ₹5 lakh based on an agreement.

In the Plaint:

• Agreement copy (Annexure P-1)
• Legal notice copy (Annexure P-2)
• Postal receipt (Annexure P-3)

During Evidence:

When plaintiff (PW-1) comes for examination:

• The agreement is shown to PW-1 → marked as Ex. PW1/1
• Postal receipt → Ex. PW1/2
• Legal notice → Ex. PW1/3

Now all annexures become exhibits.

6. Why Are Exhibits Important?

✔ Court relies on exhibits only, not annexures
✔ Judgment is based on admitted evidence
✔ Exhibits help prove:

• Ownership
• Relationship
• Transactions
• Payments
• Injuries
• Loss, damage, breach

7. Why Are Annexures Important?

✔ Help court understand the case at filing stage
✔ Useful to support interim applications
✔ Guides court in granting temporary injunction or stay
✔ Shows prima facie case

Meaning, Purpose, Procedure & Example

What is a Notice of Motion?

A Notice of Motion is a formal written request submitted to the court informing that a party wants the court to hear and decide a specific application.
It notifies the opposite party about:

• What relief you are seeking
• On what grounds
• On which date the court will hear the application

It ensures transparency and fairness so the opposite party gets a chance to appear and oppose.

Where is Notice of Motion Used?

It is commonly used in:
✔ Civil cases
✔ Interim applications
✔ Injunction matters
✔ Family disputes
✔ Commercial suits
✔ High Court writ & appellate matters

Purpose of a Notice of Motion

A Notice of Motion serves to:

• Inform the other side about the application
• Prevent ex-parte orders (unless urgent)
• Give the court a clear schedule
• Maintain principles of natural justice

When is Notice of Motion Required?

You must file a Notice of Motion when:

1. Court rules require prior notice to the other party
2. You are seeking interim relief (like stay, injunction, status quo)
3. The matter is not extremely urgent
4. Local High Court/CPC rules mandate a motion procedure

Two Types of Notice of Motion

1. Ordinary Notice of Motion

• Given to the opposite party in advance
• Listed on a fixed date
• Used for routine applications

2. Urgent/Ex-Parte Notice of Motion

Filed when immediate relief is needed and waiting may cause irreparable loss.
E.g.,

• Property being demolished
• Someone issuing illegal threats
• Urgent stay of a government order

Court may pass temporary ex-parte orders and later hear the other side.

Contents of a Notice of Motion

A typical Notice of Motion includes:
✔ Court name & case number
✔ Parties’ names
✔ Applicant’s request (relief)
✔ Grounds for the request
✔ Date of hearing
✔ Advocate’s name & signature
✔ Supporting affidavit

Example of Reliefs Sought Through Notice of Motion

A Notice of Motion may request:

• Stay of proceedings
• Temporary injunction under Order 39 CPC
• Appointment of receiver
• Police protection
• Discovery & inspection of documents
• Modification of prior orders
• Urgent interim directions

Sample Line from a Notice of Motion

“The Applicant above named hereby moves this Hon’ble Court for an order of temporary injunction restraining the Respondent from disposing of the suit property until final disposal of the suit.”

Landmark Judgments on Motion/Notice Requirements

1. A. Venkatasubbiah Naidu v. S. Chellappan (2000)

Court must give notice to the opposite party before granting injunction unless delay defeats justice.

2. Morgan Stanley v. Kartick Das (1994)

Ex-parte injunctions should be granted only in exceptional circumstances.

3. Shiv Kumar Chadha v. MCD (1993)

Courts must record reasons for granting an ex-parte injunction.

Quick Summary

(Practical, strategic & psychology-based)

1. Master the “First 30 Seconds Rule”

Judges form a subconscious impression within seconds.
✔ Start with clarity
✔ Speak slowly
✔ State your core point early

Even if the hearing is short, a sharp opening line can shift the judge’s attention instantly.

2. Use the “Case Theory Anchor”

At the beginning, say ONE sentence that summarises your entire case.
Example:
“My Lord, the entire case is about lack of intention, which the prosecution has failed to establish.”

This becomes an anchor the judge keeps returning to.

3. Never Argue Every Point — Argue the Winning Point

Smart advocates drop weak arguments.
✔ Identify the 2–3 strongest issues
✔ Repeat them strategically
✔ Leave the rest for written submissions

Judges appreciate precision.

4. Use “Reverse Questions” During Cross-Examination

Instead of directly challenging a witness, ask questions that force them to lock themselves into a version.
Later, destroy that version.
This psychological method is used by top criminal lawyers.

5. Always Carry 2 Extra Copies of Key Judgments

Judges often ask:
“Counsel, place the judgment before me.”
If the court server or stenographer is slow, you win time and impression by handing over copies instantly.

6. Learn to Read the Judge’s Pace

If the judge is in a hurry ⟶ give short points.
If the judge is relaxed ⟶ explain the law deeply.
Never speak long when the bench appears impatient.

Courtroom psychology is as important as law.

7. Always Keep a One-Page “Hearing Sheet”

Include:

• Facts in 5 lines
• Issues
• Relief sought
• 3 strongest judgments

Place it on top of your brief.
This avoids last-minute confusion when the matter is suddenly called.

8. Use Silence as a Strategy

After a strong point, pause for 2–3 seconds.
Judges often write during this pause.
Silence gives power to your words.

9. Never Interrupt Opposing Counsel—Interrupt the Point

If you interrupt the lawyer, the judge may feel irritated.
Instead, say:
“My Lord, this point is factually incorrect.”
Target the argument, not the person.

10. Always End With a “Simple Relief Sentence”

Before ending, clearly state:
“Thus, the applicant respectfully prays for ______.”

Judges remember the last sentence clearly.
Clarity = stronger chance of relief.

Bonus Expert Tip

Courtroom is 70% psychology, 30% law.
Confidence, clarity, and timing win cases as much as legal provisions do.

(With Example of IPC 307 – Attempt to Murder)

Filing of Complaint / FIR (Section 154 CrPC / BNSS 2023)

• Victim or complainant gives information to police.
• Police must register FIR if cognizable offence (IPC 307 is cognizable & non-bailable).

✔ Example (IPC 307):
Victim’s brother files FIR: “Accused attacked with a knife intending to kill.”

Police Investigation (Section 156–173 CrPC/BNSS)

Police conducts:

• Spot inspection
• Collects evidence
• Records witness statements (161 CrPC)
• Collects medical report (MLC), weapon, CCTV, etc.

✔ Example:
Police recovers the knife, collects CCTV video of stabbing attempt, records witnesses.

Arrest of the Accused (Section 41 CrPC/BNSS)

Police may arrest without warrant because IPC 307 is cognizable.

✔ Example:
Police arrest the accused the same night.

Remand Hearing – Police Custody or Judicial Custody

Accused must be produced before court within 24 hours.
Court decides:

• Police custody (PC)
• Judicial custody (JC)
• Bail (rare in 307)

✔ Example:
Court grants 2 days police custody for recovery of weapon.

Filing of Charge Sheet (Section 173 CrPC/BNSS)

After investigation, police files:

• Charge sheet
• Accused details
• Evidence list
• Witness list
• FSL/MLC reports

✔ Example:
Charge sheet filed under IPC 307 + 34 (if multiple persons).

Framing of Charges (Section 228 CrPC/BNSS)

Judge checks evidence & decides sections.

✔ Example:
Judge frames charge:
➡ “You attempted to kill the victim by stabbing—offence under IPC 307.”

Accused says: “Not guilty” → Trial starts.

Prosecution Evidence (PW1, PW2, PW3…)

Public Prosecutor brings witnesses:

• Eye-witness
• Victim (injured witness)
• Doctors (MLC)
• Police officers
• Forensic experts

Accused gets right to cross-examine.

✔ Example:
Victim testifies: “Accused stabbed me in chest with intention to kill.”

Statement of Accused (Section 313 CrPC/BNSS)

Court asks questions:

• Why witnesses said this against you?
• What do you want to say?

Accused gives written statement. No oath required.

✔ Example:
Accused says: “I acted in self-defense.”

Defence Evidence (If any)

Accused can bring his own witnesses, alibi proof, medical record, CCTV, etc.
(This stage is optional.)

✔ Example:
Accused shows medical record saying he also had injuries.

Final Arguments

Both sides argue:

• Prosecution: Intention to kill + weapon + injuries prove IPC 307.
• Defence: No intention to kill / false implication / no recovery.

Judgment (Acquittal or Conviction)

Court evaluates:

• Intention
• Weapon used
• Body part targeted
• Medical evidence

✔ Example:
Court convicts the accused under IPC 307.

Or
Court acquits if intention to kill not proved.

Sentence / Punishment Hearing

If convicted, court hears aggravating/mitigating factors.

IPC 307 Punishment:

• Up to 10 years or life imprisonment
  • Fine
• If injury caused: punishment increases

✔ Example:
Court sentences accused to 7 years RI + ₹20,000 fine.

Appeals

Convict can appeal in High Court.

SUMMARY FLOWCHART

FIR → Investigation → Arrest → Custody → Charge Sheet → Charges → Prosecution Evidence → Accused Statement → Defence Evidence → Arguments → Judgment → Sentencing → Appeal

Landmark Judgments – IPC 307

1. State of M.P. v. Kanha (2019 SC)

Intent to kill can be inferred from weapon, injury location, severity.

2. R. Prakash v. State of Karnataka (2004 SC)

Even if injuries are simple, intention to kill = IPC 307.

3. Liyakat Mian v. State of Bihar (1973 SC)

Pre-meditation, motive, weapon = important factors for IPC 307.

(Summary + Examples + Key Judgments)

Under CPC, appeals are of several kinds depending on who is appealing, from which order, and at which stage. Appeals are a statutory right, not automatic — meaning they exist only when provided in CPC.

1. FIRST APPEAL (Section 96 CPC)

✔ What it is

A full appeal on facts + law filed against a decree passed by a trial court.

✔ When filed?

• Against any final decree or preliminary decree
• Appeals allowed even if decree is ex-parte
• Not allowed when decree is passed with consent of parties

✔ Court

Usually from:

• Civil Judge → District Court / High Court
• District Judge → High Court

✔ Example

A suit for partition is dismissed by the Trial Court. The plaintiff files a First Appeal challenging evidence, witnesses, documents, and legal errors.

✔ Important Case Law

Santosh Hazari v. Purushottam Tiwari (2001)
→ First appeal is a valuable right; appellate court must re-appreciate evidence completely.

2. SECOND APPEAL (Section 100 CPC)

✔ What it is

A further appeal ONLY on substantial question of law.

✔ When filed?

Only after:

1. Trial Court judgment
2. First Appellate Court judgment

Appeal lies to the High Court only.

✔ What is NOT allowed:

• Re-assessment of evidence
• Questions of facts

✔ Example

Two courts hold that a property belongs to X based on evidence. Y files a second appeal alleging:
“Whether unregistered family settlement is admissible?”
→ This is a substantial question of law, so the High Court may admit.

✔ Key Judgment

Kondiba Dagadu v. Savitribai (1999)
→ High Court cannot interfere with concurrent findings of fact unless there is perversity.

3. APPEAL FROM ORDERS (Section 104 & Order 43 CPC)

✔ What it is

Appeal against specific orders listed in CPC.

✔ Example Orders Appealable

• Order returning plaint (Order 7 Rule 10)
• Order granting/refusing temporary injunction (Order 39 Rule 1 & 2)
• Order appointing receiver (Order 40)
• Order rejecting application under Order 9 Rule 13
• Order refusing to set aside sale (Order 21)

✔ Example

Court refuses to grant temporary injunction in a property dispute → party can file Appeal from Order under Order 43 Rule 1(r).

✔ Judgment

Shah Babulal Khimji v. Jayaben (1981)
→ Some interlocutory orders amount to “judgment” and are appealable.

4. APPEALS TO THE SUPREME COURT (Civil Appeals)

Two main types:

A. Appeal by Special Leave (Article 136)

✔ Nature

Discretionary remedy. Not a matter of right.

✔ Example

High Court upholds eviction order. Tenant seeks SLP before Supreme Court for relief.

Key Case

Pritam Singh v. State (1950)
→ SC will interfere only when there is grave injustice or exceptional circumstances.

B. Appeal Under Article 133 (Civil Appeal as a matter of right)

✔ When?

Where a case involves a substantial question of law of general importance and High Court certifies it.

5. LETTERS PATENT APPEAL (LPA)

(Only where High Court’s Letters Patent allows)

✔ What it is

An intra-court appeal:
Single Judge decision → Division Bench of the same High Court.

✔ Not available when:

• Matter decided by a Single Judge in second appeal
• Filing against certain statutory tribunals

✔ Example

Single Judge of High Court dismisses a writ petition. Petitioner files LPA before Division Bench.

6. MISCELLANEOUS APPEALS

Examples include:

A. Appeal under Order 21 (Execution Appeals)

Filed against orders passed in execution proceedings.

B. Appeal in Small Causes

Where the Provincial Small Causes Courts Act applies.

Example

Judgment-debtor challenges an execution order attaching his salary.

7. APPEAL UNDER SECTION 96(4) – EX-PARTE DECREE

A specific appeal against an ex-parte decree.

Example:
Defendant did not get notice and the decree is passed → He can file Appeal or Order 9 Rule 13 application.

8. APPEAL BY INDIGENT PERSON (Order 44 CPC)

If a person cannot pay court fees, they can appeal as an indigent person.

COMPARISON TABLE (Quick Revision)

SUPREME COURT CLERIFICATION ABOUT S.142(2)(A) NI ACT:

Supreme Court of India (SC) has clarified regarding where to sue (“where to file”) when a cheque bounces under Section 142(2)(a) of the Negotiable Instruments Act, 1881 — i.e. the “bounce / cheque-dishonour” scenario under Section 138 of the Negotiable Instruments Act, 1881.

What SC clarified: Where to file cheque-bounce case

• The Court held that for an “account payee” cheque (i.e. cheque deposited for collection through a bank account), the complaint must be filed only at the court which has jurisdiction over the branch of the bank where the payee maintains their bank account.
• It does not matter where the cheque was physically deposited or presented. Even if the cheque was deposited at a different branch (for convenience) — the law treats it as “deemed delivered” to the payee’s “home branch” (i.e. branch where payee’s account actually is) for the purposes of territorial jurisdiction.
• The Court reiterated that this is the effect of the 2015-amendment to Section 142 (sub-section 2(a)). The amendment was introduced to prevent forum-shopping and put beyond doubt that territorial jurisdiction depends on the payee’s home branch, not the place of presentation.

Key Statutory Rule — Section 142(2)(a)

After the 2015 amendment, the relevant provision reads broadly as: if a cheque is delivered for collection through an account, “the offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction the branch of the bank where the payee or holder … maintains the account is situated.”

Hence, even if you deposit the cheque somewhere else, the “home branch” matters.

 Implications / What this means in practice

• If you — as payee/holder — receive a bounced cheque and you maintain your bank account in, say, Gurugram (or any branch), then you must file the complaint in the court having jurisdiction over that bank-branch’s area.
• You cannot file the complaint simply where you deposit the cheque (if that is a different branch), just because you dropped it there. That branch’s court will not have proper territorial jurisdiction under Section 142(2)(a).
• This removes ambiguity and stops “forum-shopping” (i.e. pick whichever court gives you convenience), ensuring a fixed, objective jurisdiction rule.

Recent Case: What triggered the Clarification

• Recently (judgement dated 28 Nov 2025), SC bench of Justices J. B. Pardiwala and R. Mahadevan delivered this ruling, reaffirming that cheque-bounce complaints under Section 138 must be filed at the payee’s home-branch court, regardless of where cheque was deposited.
• In the related earlier case, though the cheque was deposited in Mumbai branch, payee’s operative account was in Mangalore; SC held Mangalore court had jurisdiction and directed the case be heard there.

What you should check/apply (if you want to sue)

When preparing to file a cheque-bounce complaint:

• Identify the bank branch where your (payee’s) account is maintained — that is your “home branch”.
• Ensure you file the complaint in a court whose territorial jurisdiction covers that branch.
• Don’t file in a court just based on where cheque was deposited/presented; that would likely be dismissed for lack of jurisdiction.
• Act in accordance with other procedural requirements under Section 142 & Section 138 (notice period, etc.).

Checklist for “Where to file a cheque-bounce case (S.138 NI Act) after Supreme Court’s clarification on Section 142(2)(a)”.

Cheque Bounce – Where to Sue?

Supreme Court Clarification on Section 142(2)(a) NI Act

1. File the Case ONLY at the Payee’s Home-Branch Court

Home-branch = the bank branch where YOU (the payee/complainant) maintain your account.

• Even if you deposit the cheque at another branch for convenience —
  you must file the case only at the court having jurisdiction over the branch where your bank account actually exists.

2. Territorial Jurisdiction Rule

Under Section 142(2)(a):

If the cheque is presented through an account, the complaint shall be filed only in the court within whose jurisdiction the payee’s bank branch is located.

This rule is mandatory, not optional.

3. What Does NOT Matter Anymore

• It does not matter where the cheque was physically deposited.
• It does not matter where the drawer (accused) has an account.
• It does not matter where the dishonour memo was issued.
• It does not matter where the payee lives or works if different from bank-branch area.

Only the payee’s home-branch decides jurisdiction.

4. Court Examples

Example 1

Your bank account: Axis Bank, Rajouri Garden Branch (Delhi)
You deposit cheque at: Connaught Place Branch
→ Case must be filed at the court having jurisdiction over Rajouri Garden, not CP.

Example 2

Your home branch: HDFC Bank, Gurugram Sector 14
Cheque dishonoured in: Delhi
Drawer lives in: Noida

→ You must file in Gurugram court (Sector 14 jurisdiction)
because that’s where your account is maintained.

5. Documents Required (Checklist)

• Cheque copy
• Original bank return memo (dishonour memo)
• Legal demand notice
• Proof of sending notice (speed-post receipt + tracking)
• Complaint under Section 138 read with Section 142 NI Act
• Affidavit of evidence
• Cognizance application

6. Time Limits you must follow

• Cheque validity: 3 months
• Notice period: Within 30 days of dishonour
• Waiting period: 15 days after notice
• Filing complaint: Within 30 days after expiry of 15-day notice period

 7. Basic Steps to File Case

• Send legal notice within 30 days
• Wait 15 days
• If no payment → prepare Section 138 complaint
• File it at your home-branch court
• Court will issue summons to accused

8. Supreme Court’s Purpose Behind This Rule

1. Avoid “forum shopping”
2. Uniform rule across India
3. Fix a single, clear jurisdiction
4. Prevent harassment of accused by filing cases in distant places

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