Showing : 631-640 of 3510 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Proceedings u/s 125 Cr.P.C. are summary in nature and it is not necessary for Court to ascertain as to who was in wrong and minute details of matrimonial dispute between husband and wife need not be gone into...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Inability to maintain herself is the pre-condition for grant of maintenance to wife - Wife must positively aver and prove that she is unable to maintain herself in addition to the fact that her husband has sufficient means to maintain her and that he has neglected to maintain her -..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Wife living separately due to harassment by her husband - Wife claiming maintenance - Merely because wife was earning something it would not be a ground to reject her claim for maintenance - Husband earning monthly salary of Rs 20,268 and also having rental income from property -..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 354(3)-- Death sentence - As a matter of right it is imperative for Criminal Court to consider S.354(3) Cr.P.C. the `special reasons' for imposing death sentence - It is not sufficient for Court to give reasons pertaining to cruel and heinous acts of accused but Court must consider special reasons why it..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of criminal proceedings - At this stage, High Court cannot analyse and meticulously consider the evidence and anticipate whetter it will end up in conviction or acquittal - This is not the stage to decide whether there is any truth in the allegations made but to form an opinion whether on..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482-- Offence u/s 499 IPC - Trial Court after considering the allegations made in complaint and statement recorded on oath came to conclusion that prima facie a case is made out for summoning the appellant and case was taken on file - If on consideration of the allegations the complaint is supported by..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - While discharging official duties, if a public servant enters into a criminal conspiracy or indulges in criminal misconduct, such misdemeanor on his part is not to be treated as an act in discharge of his official duties and therefore provisions of S.197 Cr.P.C. will not..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 433-- Commutation of sentence - Court cannot give a direction to State Government to commute the sentence - It can only direct State Government to consider the case for commutation of sentence...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 313-- Murder - Examination of accused - High Court committed error by setting aside Trial Court judgment of conviction and remanded the matter back for retrial decision afresh on the ground of defective examination of accused u/s 313 Cr.P.C - However, accused did not raise any question before Trial..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C. - Defective examination - Does not by itself vitiate the trial - Accused must establish prejudice caused to him - Onus is upon accused to prove that by reason of his not having been examined as required by S.313 Cr.P.C. he has been seriously prejudiced...........

Showing : 631-640 of 3510 Results