Showing : 3981-3990 of 13339 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - There has to be prior applications u/ss 154(1) & 154(3) Cr.P.C. while filing a petition u/s 156(3) Cr.P.C. - Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed - Application u/s 156(3) Cr.P.C. has..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3)-- Application u/s 156(3) Cr.P.C. - To be supported by an affidavit - A person making the application should be conscious and also endeavour to see that no false affidavit is filed - It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law - This..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Plea of not earning - Husband pleaded that he is not earning anything so he is not liable to pay maintenance to wife and two children living with wife - Husband was not weak or infirm or unable to work at all - Moreover, husband paying Rs.350/- p.m. as tuition fee of two children..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125, 126, 127-- Enhancement of maintenance - Wife living separately from her husband with her two children - She is a house wife and does not have an independent source of income - Family Court awarded Rs.4000 to wife and Rs.2,500 to each child - Wife claiming a sum of Rs.10,000 p.m - Taking into account the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 156(3), 202-- Scope - Power u/s 156(3) Cr.P.C. can be invoked by Magistrate before taking cognizance and same is in the nature of pre-emptory reminder or intimation to police to exercise its plenary power of investigation beginning u/s 156 Cr.P.C. and ending with report or charge sheet u/s 173 Cr.P.C. - On the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - If allegations are absurd or do not make out any case or if it can be held that there is abuse of process of law, the proceedings can be quashed but if there is a triable case Court does not go into reliability or otherwise of the version or the counter version - In..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B-- Issue of process - Offence u/ss 409, 420, 467, 471 & 120-B IPC - Magistrate instead of directing investigation u/s 156(3) Cr.P.C, proceeded u/s 202 Cr.P.C. - Accused alleged to have forged partnership - Case has been held to be primarily of civil nature - Whether it caused any loss to complainant..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - S.319 Cr.P.C. authorizes Court making any inquiry into or conducting trial of an offence to proceed against any person (other than accused) subject to two conditions: (i) that from the `evidence' it appears to Court that such a person `has committed any offence' and (ii) that..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132- - Additional accused - Self incrimination - Prosecution cannot be launched against the maker of a statement falling within the sweep of S.132 of Evidence Act on the basis of "answer" given by a person while deposing as a "witness" before a Court...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132- - Summoning of additional accused - Witness deposed in his statement u/s 164 Cr.P.C. that at the initial stage he was a party to conspiracy but later on withdrew from conspiracy - Such a witness not be summoned as accused u/s 319 Cr.P.C. as no prosecution can be launched against maker of a..........

Showing : 3981-3990 of 13339 Results