Criminal Procedure Code, 1973, Section 125 -- Maintenance - Enhancement thereof - Trial court granted maintenance of Rs.500/- per month from date of order - Revision filed by wife claiming maintenance from date of application - Revisional court suo moto enhanced amount to Rs.1, 000/- to be paid from date of order - Validity of - Held, order of court below well inconformity..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Granted by trial Court - Revision against - Husband approached Court with misleading and false pleas - Cannot be heard in equity or otherwise in regard to the quantum of maintenance - Petition dismissed...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Cognizance against - Validity - Complainant did not name petitioners in FIR - Only complainant's examination in chief has been conducted - Previous enmity between two families - Held, it can safely be said that there was no substantial material against them at that stage to proceed against them - Revision..........
Criminal Procedure Code, 1973, Section 482, 397, 401, Indian Penal Code, 1860, Section 147, 323, 504, 506, 498A -- Matrimonial dispute - Criminal proceedings - Exercise of inherent power - Revisionist has challenged the summoning order by means of criminal revision - Held, since it is a matrimonial dispute and parties have come to terms and, therefore, High Court can also..........
Criminal Procedure Code, 1973, Section 190(1)(b), 482 -- Cognizance of offence - Quashing - Cognizance taken u/s 190 (1) (b) CrPC only on the basis of material available in the case diary and no extraneous material has been considered by Magistrate - Revision preferred by petitioner as well co-accused has been dismissed by Addl. Sessions Judge - Held, no error or..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 6 -- Government order cancelling Permanent Resident Certificates - Revision against - Jurisdiction of Authorized Officer to entertain revision - In terms of S6, revisional powers are exercisable by Government or its delegate against orders passed by, or in respect of proceedings pending before "Competent Authority" -..........
Criminal Procedure Code, 1973, Section 401, 397 -- Revisional jurisdiction - Exercise of - Held, it is settled law that while exercising powers of revision High Court is not supposed to re-appreciate entire evidence which has been adduced before trial court...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Case u/ss 364 and 302 IPC - Closure of evidence by trial Court - Validity - Held, in such a serious case, the right of cross-examination of accused should not be closed forever due to fault of counsel and client should not suffer for default of counsel - It was duty of trial court to afford reasonable..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Taking of cognizance and issuance of process - Not interlocutory order - Revision is maintainable against such order...........
Criminal Procedure Code, 1973, Section 125,127,482 -- Interim maintenance - Revision against - Revision petition be entertained only when husband deposits the entire arrears of interim maintenance upto the date of filing of the revision petition...........
