Showing : 31-40 of 65 Results

KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Non payment - Imprisonment - Rigorous imprisonment cannot be imposed on a defaulter u/s 125(3) Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Non payment - Imprisonment - Though the maximum sentence that can be imposed is imprisonment for one month, for the default of the whole or the part of the maintenance amount for every month, it is not imperative or invariable that such maximum sentence must be imposed in every case...........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - In case of one months default there can be one month's imprisonment - There is no cap on the maximum sentence that can be imposed and the only restriction is that sentence cannot exceed the number of months for which there is default in payment...........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125(3)-- Proviso (1) - The first proviso would be satisfied if execution of the claim for such amount is made within one year from the date on which the amount became due i.e. the date of order...........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125(3)-- Proviso I - Maintenance - Recovery - Maximum sentence - First proviso to S.125(3) Cr.P.C. does not put any cap on the maximum sentence that can be imposed for default in payment of maintenance - It is only intended to ensure that application for recovery must be made within one year of the date on..........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Non payment of maintenance of Rs.66500/- - Imprisonment can extend only to period of one month - Order of imprisonment for 660 days is illegal and same set aside...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Execution of order of maintenance - Husband asked to remain personally present - Power of attorney holder cannot be allowed to represent the husband in the proceedings...........
KERALA HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Non payment - Imprisonment - A month's imprisonment for every month's default is the maximum penalty and not a maximum of a month's imprisonment for the total default...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Recovery proceedings - Kept pending for five years - Maintenance accrued after filing of recovery proceedings upto the date of decision in such recovery proceedings, can be ordered to be paid in the same recovery proceedings - Fresh application need not be filed - Law of limitation..........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Recovery - Limitation is one year for making application for execution of maintenance order - However, where maintenance order is stayed by superior Court then period of one year is to reckoned from vacation of stay - Maintenance can be recovered for the period of one year earlier to..........

Showing : 31-40 of 65 Results