Criminal Procedure Code, 1973, Section 125 -- (Jammu and Kashmir Criminal Procedure Code, 1989, S.488) - Maintenance - Major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers u/s 125 Cr.P.C. (S.488 of J & K Cr.P.C) - However, in appropriate case, Family Court has jurisdiction to grant maintenance to a major Hindu daughter on basis of..........
Criminal Procedure Code, 1973, Section 154 -- Multiple FIR's - Of the same occurrence - Hit by doctrine of sameness and it has to be obliterated, as it would amount to violation of fundamental rights of a citizen - Impugned FIR cannot be sustained, hence quashed...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Successive FIR's not being a counter case, filed in connection with the same or connected cognizable offence cannot be sustained and not permissible under law...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Prima facie there is no evidence which implicate accused directly/indirectly connected to commission of crime - Accused not in any manner facilitated co-accused either in creating or in fabricating alleged forged degree of B.Ed..........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Filing of false criminal case - If petitioners are aggrieved by FIR, remedy is to approach quashing of same - Same cannot be a ground to transfer proceedings - Transfer petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Factum of disputed service of notice - Requires adjudication on basis of evidence - Complaint cannot be quashed on disputed question of fact...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque alleged to be stolen - Information regarding missing of cheque not given to bank - Information to bank was given when accused came to know about filing of complaint but neither the details of cheque was mentioned nor any..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Application for anticipatory bail in an offence under SC/ST Act - Application can only be filed before Special Court and Exclusive Special Court, as the case may be and not before High Court - High Court thus, neither has..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Special Court while dealing with an application for anticipatory bail must first ascertain whether a prima facie case for an offence punishable under the Act is made out - If prima..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Order granting or rejecting anticipatory bail is subject to appellate jurisdiction of High Court u/s 14-A of the Act...........
