Criminal Procedure Code, 1973, Section 177, 178, 179, Constitution of India, 1950, Article 226, 21 -- Mercy petition - Scope of judicial review in rejection of mercy petition is limited as it extends only to material upon which decision is based - Documents and records pertaining to same are in Delhi and decision for rejection of mercy petition by President so taken is in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife working as Anganwari worker and drawing salary to the tune of Rs.3513 p.m - Not a ground to reject her claim for maintenance...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Can be enhanced as per changed circumstances - Rise in prices is changed circumstance as defined u/s 127 Cr.P.C...........
Criminal Procedure Code, 1973, Section 127, 482 -- Maintenance - Order enhancing maintenance to wife - Quashing of order - Husband admitted his monthly income to the tune of Rs.10,707 - Wife who is living separately along with her daughter held, entitled to 1/3rd income of husband as maintenance - Maintenance allowance of Rs.2,000 rightly granted by Court below and is not..........
Criminal Procedure Code, 1973, Section 397(2), 311 -- Revision - Order allowing application u/s 311 Cr.P.C. - It is an interlocutory order - Revision against same is not maintainable - Petition challenging the validity of interlocutory order lies before Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses for further examination-in-chief - Witnesses PW1 & PW2, not examined on the point of agreement etc., as the original agreement is lying in Court in civil suit - Cross-examination of these witnesses already been deferred - If witnesses are examined-i, chief to prove these documents, no prejudice is being..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband though having sufficient means, refused and neglected to maintain wife - Even accepting that husband is doing labour work, amount of maintenance allowance granted @ Rs.700/- p.m is quite just and reasonable - No interference warranted in the impugned order of granting maintenance to wife...........
Criminal Procedure Code, 1973, Section 24, Protection of Children from Sexual Offences Act, 2012, Section 34, 44, Protection of Children from Sexual Offences Rules, 2012, Rule 6, Constitution of India, 1950, Article 304, Kerala Govt. Law Officer (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978, Rule 14 - - Special Public Prosecutor - Appointment..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 377, 323, 328, 506 -- Anticipatory bail - Rape by father-i, law - There were constant disputes in the family and number of complaints were made to police from both sides - Despite repeated complaints by prosecutrix there is no allegation whatsoever against petitioner having committed rape..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife living separately - Wife neither thrown with force from her matrimonial home nor she was forced to leave her matrimonial home - Wife residing separately without any reason - Held, wife is not entitled to maintenance...........
