Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Merely because husband has certain familial obligations would not absolve him of his primary responsibility to maintain his legally wedded wife...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and minor son - Maintenance enhanced by Family Court from Rs.3500 to 8000 p.m in favour of wife and from Rs.1500 to 4,000 p.m in favour of minor son - Family Court appears to have exercised its discretion judiciously while determining enhanced amount of maintenance - Income of husband as stated to be..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Criminal Court is empowered to summon any person as a witness at the stage of inquiry, trial or other proceeding, provided that such summoning and examination are absolutely necessary for just decision of case - Such a decision taken by a Court of law normally shall not be interfered with, since Court..........
Fraud -- In the event of fraud being committed by any person threefold actions are provided for an aggrieved person i.e : (i) "an aggrieved person may file a complaint to prosecute persons under criminal Law; (ii) such person is entitled to approach civil Court for establishing his civil rights; and (iii) he can approach competent authorities for cancelling registered..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance should allow wife to maintain a reasonable standard of living but should not be excessive or encourage idleness...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance is always dependent on factual situation of case and Court would be justified in moulding claim for maintenance passed on various factors...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is M.Com. - Though income of husband is increased from Rs.20,000 p.m to Rs.25,900 p.m however, if enhanced amount of maintenance is seen, same is more than double from what was earlier granted to wife and child - Considering responsibility of husband, towards his ailing mother as well as considering..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - When a mandatory condition precedent to issuance of process has not been fulfilled, continuation of criminal proceedings would amount to permitting prosecution founded upon an invalid exercise..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent powers of Court are to be exercised sparingly - However, where very initiation of proceedings is vitiated by non-compliance of a mandatory statutory safeguard, High Court would be justified in stepping in to prevent abuse of process of Court...........
