PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Non payment - Imprisonment - For arrears of twelve months imprisonment upto twelve months can be awarded...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 190(1)(b), 397(2)-- Order taking cognizance - Revision against - Maintainability - Order taking cognizance is an intermediary order and not an interlocutory order - Hence, revision petition is maintainable against such order of taking cognizance u/s 397(2) Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6)(ii), 212(7)-- Bail - Offence u/ss 212(6)(ii), 212(7) of Companies Act - High Court vide its impugned order released the respondent - However, reasons assigned by High Court in its interim order are not confined to issue of validity of alleged Sections under Companies Act or concerning grant of bail, but prima..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420-- Quashing of summoning order - Perusal of complaint and material available on record make out a prima facie case against accused - There appear to be sufficient ground for proceeding against accused - No justification to quash the complaint or the summoning order...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506-- Bail - Rape - Prosecutrix is major and married woman having two children - Statement of prosecutrix being a virgin thus, cannot be said to be correct - More so, no recovery is ought to be effected from accused and at this point of time there is no apprehension of accused threatening, intimidating..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 467, 409, 471, 201-- Bail - Offence u/ss 406, 420, 467, 409, 471, 201 - As per the allegations petitioner on the basis of forged documents treated the amount as donation and same deposited in the account of accused persons - However, said fact has been denied by the petitioner on the ground that he acted as employee..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(3)-- Appeal against acquittal - Rejection of leave to appeal - Unreasoned order - Application for leave to appeal dismissed by High Court without assigning any reason - It was a clear case of no, application of mind, because impugned order neither sets out facts nor submission of parties nor findings..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137-- Maintenance - Evidence by way of affidavit - Cross examination of witness - Provisions of Ss.15 & 16 of Family Courts do not render evidence taken on affidavits to be illegal - However, a witness has to be subjected to cross examination and that right has to be given and cannot be closed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137-- Maintenance - Evidence by way of affidavit - Cross examination of witness - In matrimonial disputes each party gives exaggerated accounts and it is duty of Court to extract the truth from falsehood - In matrimonial litigation Family Courts have to take due care and caution in closing valuable..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(4)-- Maintenance - Wife is not entitled to receive maintenance if she is living in adultery or if she refuses to live with her husband without any sufficient reason or that they are living separately by mutual consent...........