Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Leave to appeal - Grant of - High Court cannot entertain a petition merely because another view is possible or that another view is more conceivable - Leave to appeal can be granted only where it is shown that conclusions arrived at by trial Court are perverse or there is misapplication of law or any..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Provision of S.127 Cr.P.C. is not independent and is always subject to the provision of S.125 Cr.P.C. and if a person ceases to be entitled to receive maintenance u/s 125 Cr.P.C., he cannot seek an order of enhancement u/s 127 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major son - Permissibility - If a child whether legitimate or illegitimate has attained majority as per Majority Act and is not suffering by any physical or mental abnormality or injury, thereby unable to maintain itself, would not be entitled to receive maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - Though Magistrate is not required to apply his mind to take cognizance of offence, alleged in the application u/s 156(3) Cr.P.C. but it is duty of Magistrate to see as to whether such allegations give rise to a reasonable suspicion as to commission of a cognizable offence to give a direction for..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for investigation - FIR u/ss 306, 34 IPC - Allegation that deceased committed suicide due to ill-treatment and torture meted out to her by husband and her i, laws - However, except vague and omnibus allegation against accused persons no specific incident or overact attributed to them, which constitute an act of..........
Criminal Procedure Code, 1973, Section 437(1), (4) -- Bail - Grant or refusal - Court must indicate reasons for prima facie concluding why bail was granted or refused...........
Criminal Procedure Code, 1973, Section 437(1), (4) -- Bail - Grant or refusal - Reasons for granting or refusing bail are always based on facts of case - Without mentioning facts, no reason can be recorded - It is therefore necessary to mention the facts in brief, including date of arrest/surrender of accused and rank of accused, if there are two or more accused in crime..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Major unmarried daughter - Entitled to get maintenance from her father if she is unable to maintain herself out of her own earnings or property...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Husband contended that wife living separately without any sufficient cause though he is ready to keep her with him - However, evidence shows that husband filed divorce petition just one month after filing of application u/s 127 Cr.P.C. and without waiting for outcome of mediation, which..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 256, 262 -- Dishonour of cheque - Dismissal in default - Complaint at stage of final arguments - Trial Court wrongly dismissed complaint for no, appearance of complainant as presence of complainant was not required on that day - Complaint restored...........
