Bharatiya Nagarik Suraksha Sanhita, 2023, Section 245 -- (Criminal Procedure Code, 1973, S.222) - Minor offence - Where facts proved disclose commission of a minor offence, trial Court is empowered u/s 222 Cr.P.C. to record conviction for such minor offence even in absence of a specific charge, provided essential ingredients thereof are established beyond reasonable doubt..........
Criminal Procedure Code, 1973, Section 92, Evidence Act, 1872, Section 65B -- Telephonic conversations contained in pen drive - No evidence on record to identify voice of deceased - In absence of any accepted and definite evidence identifying voice of deceased, even if pen drive containing alleged conversation is taken on record, prosecution would have no evidence to prove..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Where nature of complaint primarily found to be of vexatious and frivolous, Courts owes a duty to look into other evidences collected and did not have to be confined within content of written complaint - That apart, there must be close scrutiny of written complaint and it must be read between lines in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court while deciding an application U.O.39.Rr.1, 2 CPC, may take into account revenue records and or material of criminal proceedings only for limited purpose of forming a prima facie view, without allowing such material to influence or prejudge final adjudication of civil rights, which must await a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding application U.O.39.Rr.1, 2 CPC, Civil Court can very well place reliance upon affidavit so also material placed before it which may also include documents pertaining to criminal investigation/case or documents pertaining to revenue records or orders passed by revenue Courts regarding..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence subject to deposit of fine amount of Rs.1 lakh which accused failed to comply due to his poverty - Condition qua deposition of fine amount of Rs.1 Lakh stands recalled and Trial Court is directed to release appellant forthwith, in terms of other conditions imposed by Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While the length of marriage by itself is not determinative of entitlement u/s 125 Cr.P.C. it is nonetheless a relevant factor in assessing nature of dependency, adjustment of lifestyle and extent to which parties had in fact shared a common standard of living...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because husband earns more it cannot be said that wife must necessarily receive half or a substantial fraction thereof - Such an approach would amount to converting maintenance proceedings into a de facto claim for sharing of income or property which is impermissible...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere capacity to earn does not disentitle a wife from maintenance - Court is entitled to take into account earning potential, qualifications and past employment while determining the quantum...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Matrimonial relationship between parties subsisted for an extremely short duration of about 57 days - Family Court has properly assessed quantum of maintenance taking into account short duration of marriage, financial capacity and conduct of husband, qualifications and potential of wife and object of S.125..........
