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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227-- Discharge - Conclusion regarding statement of accused made to police during investigation is not admissible and procedure adopted during investigation is found to be defective, would arise for consideration only during trial not at the stage of discharge application...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 102-- Seizure of property during investigation - Power of seizure in S.102 is limited to movable property and does not include the power to attach, seize and seal an immovable property...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Sufficient income of wife - It was for husband to lead evidence that what is the income of wife or where wife is working - In the absence of any such evidence no presumption can be raised that wife is earning sufficient amount to support herself...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Mere fact that wife did not file a petition for grant of maintenance during pendency of matrimonial proceedings, is no ground to hold that she is not entitled to file such a petition later on...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to divorced wife - Wife who has been divorced by husband even on the ground that she had deserted her husband, is entitled to claim maintenance u/s 125 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Ex parte order of grant of maintenance - High Court passed order that execution proceedings be kept in abeyance - Total non application of mind - Unless there are very special reasons, higher Court should not normally stay such an order - Impugned order set aside - Maintenance..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179-- Complaint u/s 498-A IPC - Jurisdiction - 2019(2) Apex Court Judgments 344 (S.C.) : 2019(2) Criminal Court Cases 578 (S.C.) followed, wherein held : Courts at the place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by husband or..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219-- Dishonour of four cheques - Single notice - Consolidation of all the four complaints - There is no provision of consolidation of cases in Cr.P.C. - All four complaints directed to be fixed on one date so that it is convenient to both the parties to attend the hearing of all the four cases on one..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Accused arrested after four years of lodging FIR - No material on record to suggest that accused was not arrested as he was absconding - In fact investigating agencies themselves had not arrested accused at an earlier point - Not a circumstance to deny bail...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Charge sheet filed and other co-accused enlarged on bail - Though allegations against respondent No.1 are of a serious nature, the present custody being prior to trial the same cannot be treated as one after conviction so as to deny bail based only on the allegations, though in appropriate..........

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