SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 199-- Prosecution for defamation - Complaint u/s 199 Cr.P.C is required to be filed in a Court of Sessions that alone is vested with jurisdiction to hear and try alleged offence and even without case being committed to said Court by a subordinate Court - S.199(2) Cr.P.C. r/w S.199(4) Cr.P.C. therefore,..........
PATNA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- Second FIR - Maintainability - Second FIR about the same occurrence between same persons and with similarity of scope of investigation cannot be registered, if same is not in nature of counter case - Only the earliest or first information with regard to commission of a cognizable offence would..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500-- Prosecution for defamation - Complaint against accused filed by Public prosecutor on the very same day on which sanction for prosecution was accorded - Haste with which complaint was filed prima facie indicates that public prosecutor may not have applied his mind to materials placed before him -..........
PATNA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- Second FIR - Maintainability - Two cases filed in respect of recovery of same loaded pistol - Police in investigation of earlier FIR had already concluded that accused had been falsely booked for possession of illegal loaded pistol - There was no occasion for police to register a fresh first..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366-- Second petition u/s 482 Cr.P.C. based on subsequent developments - Second petition is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500-- Prosecution for defamation - Alleged defamatory statements have no reasonable nexus with discharge of public duties by or office of Hon'ble Chief Minister - Remedy u/s 199(2) Cr.P.C and S.199(4) Cr.P.C thus, not available - More so, Public Prosecutor admitted that he filed the complaint against..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - To grant maintenance, Court has to consider the status of couple - Even a divorced wife is entitled to live to the status of husband...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366-- Quashing of proceedings - Kidnapping - Parties are married for past 8 years and blessed with four children - Informant accepted the said marriage and does not wish to prosecute the case founded on FIR lodged by her - Looking to stand taken by informant, permitting prosecution to continue would be..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Divorced wife entitled to get maintenance from her husband...........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Divorced wife - Husband got married after getting divorce from wife and he is having a daughter from said wedlock - He is unable to provide maintenance to wife - It is not the case of husband that wife got remarried - Keeping in view the income of husband and status of couple, Family..........