Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 53, 30 -- Sentence - Sentence in default of payment of fine is not a sentence as contemplated u/s 386(b)(iii) Cr.P.C - Appellate Court is entitled to enhance fine and sentence in default of payment of fine and S.386 Proviso Cr.P.C not attracted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband cannot be allowed to shirk his responsibility of paying maintenance to his wife, minor child and parents by availing loans and paying EMIs thereon, which would lead to a reduction of his carry home salary...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income - Deductions from gross pay would only be those which are statutorily allowed - Any repayment of personal loans cannot be agitated as legitimate deduction from his net salary...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Income - Husband failed to place on record his ITR and computation sheet to establish his exact income and liabilities - Contention raised that he has the responsibility of looking after his old aged parents and sister is not sustainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Plea that wife is working - Wife working before marriage has no relevancy when nothing substantial is available to show that she is currently employed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Quantum - Carry home salary of husband Rs.1,16,885/- per month - Maintenance payable to wife and child enhanced to Rs.20,000/- to wife and Rs.8,000/- to child - Enhanced maintenance will be payable from the date of passing of order by High Court...........
Criminal Procedure Code, 1973, Section 56, 57, 41(1)(ba), 167, Constitution of India, 1950, Article 22(1), (2) -- Transit remand - Non-compliance with mandatory provisions - In absence of remand order, detention of petitioner which exceeded 24 hours, is untenable in law - In present case, case diary was written in Marathi and its translated version was not available -..........
Criminal Procedure Code, 1973, Section 56, 57, 41(1)(ba), 167, Constitution of India, 1950, Article 22(1), (2) -- Transit remand - Non-compliance with mandatory provisions - In absence of remand order, detention of petitioner which exceeded 24 hours, is untenable in law - Magistrate before whom a transit application is filed, is not required to merely satisfy himself that..........
Criminal Procedure Code, 1973, Section 41(1)(ba), 167 -- Transit remand - Provision of S.41(1)(ba) Cr.P.C. requires Magistrate that remand is being sought because of the reasonable suspicion that person arrested has committed a cognizable offence punishable with an imprisonment for a term exceeding seven years and that investigating has `credible information' that the..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Sentence of other accused persons already suspended - Sentence of present accused also suspended on ground of parity...........
