Showing : 1561-1570 of 14489 Results

ORISSA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Wife lodged FIR against husband relating to torture and on investigation, prima facie evidence found against him for which charge sheet was submitted against him, which itself is a factor for wife to live separately from husband and to claim maintenance - It cannot be said..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Mere fact that husband succeeded in proceeding under Guardians and Wards Act, which is under challenge before this Court, is no ground to negate maintenance to wife, as said proceeding is different in nature...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(4)-- Maintenance to wife - Adultery - Husband has no personal knowledge about involvement of wife in adultery, as he himself admitted that he came to know about said fact from village gentries - Even mother of wife deposed about the same, but no evidence on record to prove said fact - It cannot be said..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - High Court not to pass mandatory orders of commanding subordinate Court to compulsorily grant bail, particularly, when accused was declared a Proclaimed offender, as such orders breach the independence of subordinate Courts...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 161-- Delay of 20 days in recording statement of PW4 - No explanation forthcoming justifying delay in recording statement - Delay of 20 days in recording statement of PW4 thus, assumes significance particularly since her version recorded u/s 161 Cr.P.C. is conspicuously absent in FIR - Evidence of PW4..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 320, 307, 324, 326, 148, 149, 120B, Arms Act, 1959, Section 25, 27, 54, 59-- Bail - Murder - Prima facie case is made out against accused (an NRI), as group of persons are seen committing offence using deadly weapons and sticks - Seriousness and gravity of offence can be clearly observed from CD available in record - Accused alleged to be kingpin of criminal conspiracy..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22-- Petition u/s 482 Cr.P.C. for quashing of order and consequential proceedings under PWDV Act - Maintainability - Petitioner challenged complaint is without jurisdiction - High Court thus, with its vast inherent powers would be able to entertain the petition for quashing to ensure there is no abuse..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Breach of contract - Case involving a simple dispute of breach of contract - No offence made out from the case set up by complainant in FIR - FIR and all consequential proceedings quashed...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378-- Court once concludes that a case is not maintainable u/s 378 Cr.P.C. it does not have any jurisdiction to make further observation on merits...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378-- Issue of jurisdiction involved - Inspite of that Court gave a finding on merits - Such finding cannot be treated as res judicata as it was purely auxiliary or non foundational to the main issue in the earlier order...........

Showing : 1561-1570 of 14489 Results