Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Defence struck off for non-payment of maintenance - Husband paid full outstanding maintenance amount to wife - Direction therefore, given to Family Court, in case husband has paid all outstanding amount of maintenance allowance, direction of striking out defence of husband shall not be given effect to and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent power of Court u/s 482 Cr.P.C is exercised only where order is passed by criminal Court which is required to be set aside to secure ends of justice or where proceeding pending before a Court amounts to abuse of Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of vigilance enquiry report - No case is pending against petitioner in any criminal Court on basis of vigilance enquiry report - Petitioner neither sought any order of High Court to give effect to any order passed under Cr.P.C nor sought any order to prevent abuse of process of any criminal Court - Application..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320(2), (6), (8) -- Dishonour of cheque - Compounding of offence - Parties arrived at a settlement in terms of joint memo - Both the parties and their respective counsels have subscribed their signatures - Accused has deposited 75% of fine amount - He filed no objection for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418, 465, 193, 196 -- Quashing of FIR - Cheating - Case is of the year 2017 and almost three years is completed but there is no progress by investigating agency either to file charge sheet u/s 173(1) Cr.P.C or to file any report as under relevant provisions of Cr.P.C - However, duty is cast..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband seeking divorce from wife on ground of adultery which is pending consideration - He failed to establish allegation of adultery made against wife in terms of sub-section (4) of S.125 Cr.P.C. - Maintenance rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband pleaded that he had undergone vasectomy operation in 2005 and wife got pregnant in 2007, thus a presumption needs to be drawn against wife as to allegation of adultery - Plea rejected, as documents in support of the same produced by husband, but author of said documents not examined -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Compromise arrived at between parties - Proceedings are essentially of civil nature - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C can be exercised by Court even at the stage when case is posted for judgment, as Court at any stage of any inquiry, trial or other proceedings can exercise power u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Murder case - Neither prosecution nor defence has filed application u/s 311 Cr.P.C - Sessions Judge himself having noticed mistake suo motu exercised power u/s 311 Cr.P.C and issued summons to PW30 only for purpose of producing and marking DNA report - But subsequently though other witnesses were examined,..........
