Criminal Procedure Code, 1973, Section 125 -- Maintenance - `A person having sufficient means' means a person who has capacity to earn - When actual income could not be proved by wife, average income of husband is to be assessed...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Merely on the ground that wife filed divorce petition, maintenance cannot be refused - Even if there is valid decree of divorce, still wife is entitled to maintenance till she gets remarried and becomes wife of other person, if she qualifies all other aspects of S.125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Application filed by accused prior to his appearance in Court - Exemption sought on the ground that distance between residence of accused and place of trial is 1750 kms - A-3 was a business man and A-4 was a student - Sufficient grounds made out for granting exemption from personal..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 448 -- Cancellation of bail - Cheating - Property dispute - Dispute between parties is of civil in nature, as civil proceeding pending in Civil Court - Accused are in possession of property in dispute and they got injunction order by competent Court in their favour -..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Words `not sufficient ground for proceeding against accused' appearing in S.227 Cr.P.C. postulate exercise of judicial mind on part of judge to facts of case in order to determine whether a case for trial has been made out by prosecution...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - An order of discharge would be warranted only in those cases where Court is satisfied that there are no chances of conviction of an accused and trial would be an exercise in futility - Probative value of material on record cannot be gone into by Court...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 313, 420, 452, 504, 506 -- Discharge - Rape case - Prosecutrix willingly consented to having sexual intercourse with accused with whom she was deeply in love, not because he promised to marry her but because she also desired it - It cannot be therefore, hunt prudent mind that she has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9A, 25A, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 23320 kgs Methaqualone tablets - Bail - Petitioner tried to set up a plant for manufacture and trade of Methaqualone without ensuring that co-partner had a valid licence for commissioning of plant - No evidence on record that petitioner..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Default bail - Contraband - Charge sheet not filed within 60 days which expired on 4.8.2017 - Charge sheet filed on 20.9.2017 - Application for bail filed on 19.9.2017 and application for default bail filed on 21.9.2017 - Held, bail application not to be..........
Criminal Procedure Code, 1973, Section 401, 378, Indian Penal Code, 1860, Section 323, 447, 147 -- Conversion of revision petition into appeal - Leave to appeal - Offence u/ss 323, 447, 147 IPC - Conversion of revision petition into appeal is legally permissible - However, in appropriate cases, that too at very threshold and not at a belated stage - Application to convert..........
