Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - Final report filed on the basis of material on record that a prima facie case is made out - High Court quashed the final report without observing anything on merits of Final Report - Held, High Court clearly erred in exercise of powers u/s 482 Cr.P.C. in quashing and setting aside criminal proceedings..........
Evidence Act, 1872, Section 24, Criminal Procedure Code, 1973, Section 161 -- Extra-judicial confession - Recorded by PW8 after 40 days of incident - PW8 not a relative of deceased nor relative of accused - Extra-judicial confession of accused is recorded as if it is a statement recorded u/s 161 Cr.P.C. - Extra judicial confession in all probability might have been made by..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Appellant Court enhanced amount of interim maintenance without there being any appeal by wife for enhancement - Moreover, no cogent and valid reasons assigned by appellate Court for enhancing amount of interim maintenance - Order of appellate Court is per se illegal and set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente-lite - Application for amendment of pleadings u/s 24 HMA - Rejection of application by trial Court on the ground of availability of remedy u/s 127 Cr.P.C. - Said finding of trial Court held, erroneous, as it leads to multiplicity of proceedings - Amendment application..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/s 307, 34 IPC and S.25 Arms Act - Main accused misused petitioner by taking him along on motorcycle on some false pretext - Petitioner was not aware that main accused would commit some crime as alleged in FIR - Motorcycle recovered from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Object of S.125 Cr.P.C. is not to punish a parent for his past neglect, but to prevent vagrancy by compelling those who are having ability to support those dependents who are themselves unable to do so and those who have a moral claim to be supported...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Application filed by grand mother - Maintainability - Grandmother is well regarded as a person having sufficient interest in person neglected to move the Court by an application u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Maintenance u/s 125 CR.P.C. cannot be construed as amount needed for bare sustenance, particularly, in case of a dependent child, but it includes clothes, food, educational expenses etc...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Mere fact that mother is employed or that she would be able to sustain minor by her earnings, cannot be a justified reason to deny maintenance to the child...........
Criminal Procedure Code, 1973, Section 125, 126(1) -- Maintenance - Jurisdiction - S.126(1) does not contemplate a permanent place of residence - Wife is entitled to maintain petition both at the place where husband is residing as also at the place where she is residing - Even a place where wife is for the time being residing would confer jurisdiction on such Court...........
