Showing : 31-40 of 763 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Default in payment - Sentence - It is open for Magistrate to award sentence up to maximum one month for each month's default made by person ordered to pay maintenance - Even Magistrate can entertain separate applications or even entertain a common application for several..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Default in payment - Sentence - Magistrate imposed imprisonment for 12 months in lieu of maximum 12 defaults - However, same is outer limit and lesser imprisonment can be imposed - Such imprisonment will be followed until payment is made - Sentence thus, reduced to 6 months..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Divorced wife - Wife who has been divorced on the ground of desertion can maintain claim for maintenance, but it would be available to her only from the date of decree for dissolution of marriage...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Inquiry u/s 202 Cr.P.C. - Not mandatory in respect of proceedings u/s 138 NI Act...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Grant of maintenance from date of application - Court is not obligated to record any special reason for awarding maintenance from date of application - However, reasons must indeed be recorded...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, 127-- Maintenance to wife - Enhancement - Effective date - Wife entered witness box and brought on record circumstances which justified enhancement of maintenance - Circumstances existed as on date of application - Husband did not step into witness box in rebuttal - No infirmity in impugned order of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 391-- Dishonour of cheque - Additional evidence at belated stage - Additional evidence at belated stage is permissible but such power is to be exercised sparingly and only in exceptional cases in the interest of justice...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Legally enforceable debt - For every criminal liability u/s 138 of the Act, there should be a legally enforceable debt or other liability "subsisting on the date of drawal of cheque...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468, 472-- Complaint u/s 12 of PWDV Act - Limitation - Wife subjected to domestic violence soon after her marriage and continued even till the year 2014 - Complaint filed in the year 2014, itself cannot be said to be barred by S.468 Cr.P.C, as it is a case of continuing offence as defined u/s 472 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Once charge is framed, there cannot be any question of discharge...........

Showing : 31-40 of 763 Results