Showing : 221-230 of 1862 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Wife failed to join husband in spite of there being order passed u/s 9 of Hindu Marriage Act - Thus, she is not entitled to maintenance u/s 125 Cr.P.C. - Application rightly dismissed qua wife...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Summoning of additional accused - Offence u/ss 323, 504, 506 IPC and S.3(1)(x) of SC/ST Act - Complainant suffered only one bone injury that too by co-accused - Role of beating by kicks and fists is assigned to petitioner but no such injury was found on the body of complainant - Incident occurred..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 45-- Bail - Rigors of S.45 PML Act and twin conditions which require High Court to satisfy itself that there are reasonable grounds for believing that he is not guilty of any offence is removed - Court is not required to satisfy at this stage for grant of bail with regard to issues involved relating to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372-- Proviso, 378(3), Protection of Children from Sexual Offences Act, 2012, Ss.4, 42 - Appeal against acquittal - Offence u/s 4 of POCSO Act - Appeal not maintainable in view of S.42 of POCSO Act, as offence u/s 4 of POCSO Act and S.376 and other offences under which accused are convicted are similar..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22, 26, Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7(2)-- Jurisdiction of Family Court - Application u/s 125 Cr.P.C and Ss.18, 20, 22 of PWDV Act - Family Court has jurisdiction to try application u/s 125 Cr.P.C by virtue of S.7(2) of Family Courts Act - In view of S.26 of Domestic Violence Act reliefs claimed u/ss 18, 19, 20, 21 & 22 can also be sought..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22, Family Courts Act, 1984, Section 19(4)-- Dismissal of petition filed u/s 125 Cr.P.C. and Ss.18, 20, 22 of PWDV Act in Family Court - Appeal - Relief sought under PWDV Act is adjunct to relief sought u/s 125 Cr.P.C - Since an appeal against an order passed u/s 125 Cr.P.C is barred by virtue of S.19(2) of Family Courts Act, remedy of..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(4)-- Maintenance to wife - Adultery - Living in adultery denotes a continuous course of conduct and not isolated acts of immorality - An act of isolated lapse would not disentitle wife to claim maintenance - Onus is on husband to establish that wife is living in adultery - Evidence which creates some..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 172-- Case diary - Every police officer making an investigation shall enter his proceedings in a diary called as case diary - Any criminal Court may send for said `case diary' and may use such diary not as an evidence in the case, but to aid in such trial - Accused cannot call for such diaries and see..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22-- Petition u/s 482 Cr.P.C. for quashing of order and consequential proceedings under PWDV Act - Maintainability - Petitioner challenged complaint is without jurisdiction - High Court thus, with its vast inherent powers would be able to entertain the petition for quashing to ensure there is no abuse..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 279, 337, 304A, 114, Criminal Procedure Code, 1973, Section 482-- Rash and negligent act - Death of 5 years old girl - Quashing of FIR - Mere fact that accused being father of deceased permitted his daughter to take her head out through the sun roof of car and her throat got slit by a string used for flying kite, by itself is not sufficient to bring case within..........

Showing : 221-230 of 1862 Results