GUJARAT HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 394, 324, 114, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 394, 324, 114 IPC - Quashing of FIR - - Incident occurred in the heat of moment of altercation between parties - Dispute is personal in nature - Settlement arrived at between parties - There is no legal bar to exercise power u/s 482 Cr.P.C. in respect of offence u/s 394 IPC - Other..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 256(1)-- Non-appearance of complaint - Personal appearance of complainant whether necessary or not is a matter of discretion of Court and such discretion has to be exercised judicially - Magistrate has a duty to see whether personnel attendance of complainant is unavoidable to step down further in the..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 256(1)-- Non-appearance of complainant - In the event of absence of complainant, complaint should not be dismissed immediately - Court should either adjourn the case or may proceed to hear the case u/s 256(1) Proviso Cr.P.C. - In case complainant is represented by his counsel or by an officer conducting..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 256(1)-- Non-appearance of complainant - Acquittal of accused - Due to lack of information about the transfer and posting date, complainant could not make his presence available on three consecutive dates of posting after the transfer - Magistrate without applying his mind into conduct of complainant in..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482-- Quashing FIR - Earlier application for quashing was withdrawn - Subsequent application for quashing after changed circumstances, as a settlement arrived at between parties, held, maintainable...........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125(1)-- Maintenance to wife - Income derived by wife after desertion to survive somehow is of no consequence at all while determining her entitlement to maintenance allowance...........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125(1)-- Maintenance to wife - Wife temporarily employed at the time of filing of application - Entitlement of maintenance allowance - Even if wife was temporarily employed at the time of filing of application and said job had already been lost, before appraisal of evidence after trial, maintenance cannot..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125(1)-- Maintenance - Proof of neglect or refusal is a condition precedent to grant maintenance - Living condition of wife and child on an appraisal of evidence determines the entitlement of maintenance allowance...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 91-- Production of document - Court is empowered to issue summons for production of documents at any stage of proceedings before judgment is delivered...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 91-- Production of document - No bar for Court to permit a document to be taken on record if it is already before it and Court finds that it is necessary for proper disposal of case irrespective of fact that it was not filed along with charge-sheet - It is duty of Court to take all steps necessary for..........