PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
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...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - Necessity of additional evidence arises not only when it would be impossible to pronounce judgments but also when there would be failure of justice without it - Once such action is justified, there is no restriction on the kind of evidence which may be received - It may be..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - No corroboration to the statement of PW3 inspite of corroboration evidence being available - Conviction of accused on the existing evidence may not be justified - It is a fit case for directing additional evidence to be recorded on the basis of further investigation to be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
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...........
DELHI HIGH COURT
Year of decision: 2018
Details
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 - Magistrate failed to comprehend as to..........
DELHI HIGH COURT
Year of decision: 2018
Details
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 an offence has been committed and..........
DELHI HIGH COURT
Year of decision: 2018
Details
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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Offence u/s 332, 353 IPC - Students demonstrated before office of Vice-Chancellor - Accused held collar of a teacher - Teacher willing to forgive student - Question whether a teacher standing in front of office of Vice-Chancellor is public servant or not, not adjudicated - FIR..........