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Chittaranjan Das vs State Of West Bengal on 22 April, 1963

12. Next question for decision is what is the effect of non-supply of reasons for awarding maintenance from the date of application? Section 465 of the Code provides that no omissions, errors, or irregularities in any proceeding will entail a reversal or alteration in appeal or in revision of any finding, sentence or order, unless such error, omission of irregularity has occasioned a failure of justice. Mere technicalities in respect of matter which are not vital or important or significant in a trial should not be allowed to frustrate the ends of justice. Chittaranjan Das v. State of West Bengal, AIR 1963 SC 1696 : 1963 (2) Cri LJ 534.
Supreme Court of India Cites 12 - Cited by 39 - P B Gajendragadkar - Full Document

Mohd. Ahmed Khan vs Shah Bano Begum And Ors on 23 April, 1985

14. The claimants have now been relieved by the decisions of Supreme Court in Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945 : (1985 Cri LJ 875) and Smt. Savitri v. Govind Singh Rawat, AIR 1986 SC 984 : 1986 Cri LJ 41, laying down that the Magistrate can grant interim maintenance. In the absence of any such order, it is essential for the magistrate to enquire the source from which the wife maintained herself and her child, if any, the conduct of parties during the proceedings and other relevant matter so as to properly decide the date from which the maintenance may be payable. Where the wife maintained herself and children by selling ornaments and collecting funds from the relations, the Court awarded maintenance from the date of application.
Supreme Court of India Cites 17 - Cited by 154 - Y V Chandrachud - Full Document

Rose Cracker vs Emperor on 14 October, 1927

15. Next question for decision is whether the 'date of order' in Sub-section (2) of Section 125 could also be the date of revisional order? It is settled by catena of cases that maintenance can be granted either from the date of order of the Magistrate or from the date of application before him. The Magistrate has no discretion to allow it from a third date. There is also no provision for awarding maintenance prior to the date of application. Rosa Cracker v. Emperor, AIR 1928 Mad 899, Abdul Rahim v. Mst.
Madras High Court Cites 0 - Cited by 2 - Full Document
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