Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Wife treated with cruelty by her i, laws and there was persistent demand of dowry and she was ousted from matrimonial home after torturing - She had reasonable apprehension in not joining back the company of her husband - Demand of dowry and that wife was subjected to cruelty at the hands of..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Suspension of sentence during pendency of appeal - Offence under NDPS Act - Accused sentenced to R.I for a period of 10 years plus fine - Out of total sentence of 10 years, accused already undergone more than 4 years of actual sentence - Sentence suspended during..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time to file charge sheet - Submission of a valid report of Public Prosecutor indicating progress of investigation and disclosing specific reasons for extension of period of detention is a sine qua non for extension of period of detention u/s..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 18, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Recovery of 350 kg opium shells - Commercial quantity - Charge sheet not filed within statutory period of detention of 180 days as prescribed u/s 167(2) Cr.P.C - No application for extension of statutory period up to one year was made in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband produced a certificate as to his salary @ Rs.4000 p.m - However, said certificate was issued on the request of husband in which employer and his company has no liability regarding the same - Certificate held, not relied upon - Income of husband has to be assessed by taking into account..........
Criminal Procedure Code, 1973, Section 195, 340 -- Offence u/s 195 Cr.P.C., if committed, then either criminal, civil, tribunal or revenue Court can initiate action u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Inquiry u/s 340 Cr.P.C. - Civil Court while conducting preliminary inquiry or conducting other proceedings under Cr.P.C., enjoys similar powers of Cr.P.C. for the purpose of inquiry or proceedings u/s 340 Cr.P.C. - Civil Court otherwise is precluded from using provisions and powers given in Cr.P.C. in conducting civil suit...........
Criminal Procedure Code, 1973, Section 340 -- Inquiry u/s 340 Cr.P.C. - Notice to opposite party - It is not necessary to give notice to person against whom Court wants to proceed while exercising powers u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Inquiry u/s 340 Cr.P.C. - Civil Court while conducting inquiry u/s 340 Cr.P.C. has power to call witness and can exercise the power u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 147, 148, 427, 435, 149 -- Delayed FIR - Offence u/ss 147, 148, 427, 435, 149 IPC - Delay of 15 days in lodging FIR - Curfew imposed throughout the District for a considerable period and there was wide spread communal rioting - In such situation, delay in lodging report was not fatal, as..........
