BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Default in payment - Sentence - Magistrate imposed imprisonment for 12 months in lieu of maximum 12 defaults - However, same is outer limit and lesser imprisonment can be imposed - Such imprisonment will be followed until payment is made - Sentence thus, reduced to 6 months..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 215-- Non-framing of charge u/ss 302, 34 IPC - Objection regarding no, framing of charges not raised at the earliest point of time i.e before Trial Court and High Court - No grievance raised by accused that no, framing of charge caused prejudice to him - Moreover, facts of case shows that accused..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(4)-- Appeal against acquittal - Leave to appeal - Magistrate dismissed complaint and acquitted all accused - High Court ought to have granted leave to complainant to file criminal appeal - Having regard to nature of violations complained of and material on record, regular hearing by way of appeal..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 321-- Withdrawal of prosecution - Offence u/ss 147, 336, 332, 353, 504 IPC - Matter appears to be trivial an trifling both - Incident does not involve grave offences or during course of which some serious crimes were committed - Refusal of consent of withdrawal of prosecution by Court below does not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Appeals filed in 2007 and are still pending - Accused in custody since 2005 - One of accused out of same FIR released on bail - Accused released on bail during pendency of appeals before High Court with conditions...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420, 406-- Quashing of charge sheet - Cheating - Prima facie case made against accused on the perusal of FIR and material collected by I.O on basis of charge sheet was submitted - There appear to be sufficient ground for proceeding against accused - Claim of applicant that being Branch Manager of company in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1), Criminal Procedure Code, 1973, Section 161-- Death of victim after three months of recording her statement u/s 161 Cr.P.C. - Such statement is relevant and admissible u/s 32 of Evidence Act...........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Strict proof of marriage in proceeding u/s 125 Cr.P.C is not a condition precedent for awarding any relief under the said provision...........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Denied on the ground that there is no legal marriage between parties - However, strict proof of marriage is not required in proceeding u/s 125 Cr.P.C - Moreover, witnesses for wife in course of their evidence have stated about marriage between parties as per Hindu rites and..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to unmarried daughters - Father was employed as driver abroad in a private company and allegedly earned Rs.2 lakh p.m - However, he did not enter the witness box and did not produce any evidence regarding his actual salary - Lower Court thus, rightly granted past maintenance of..........