Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Cannot be based on exact arithmetical calculations, as interim maintenance is only tentative and is subject to fixation to final maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor children - Monthly income of husband is 75000 p.m - He also earns a further sum of Rs.16,000 p.m from other sources of income - Primary obligation to maintain the dependents is not diluted through artificial reduction of income - Interim maintenance rightly awarded to wife - However,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife cannot be eschewed from getting maintenance from her husband only on the basis of M.Com and Arts Degree...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife used to be an actress in profession - She is well educated lady and used to live glamorous life - Wife can earn some income for her livelihood even after being supported by her husband - She is thus, entitled to maintenance amount but looking to her qualification and her abilities for earning money,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 506, 34 -- Bail - Abetment of suicide - Suicide note of deceased reveals that deceased inflicted injuries with an axe on petitioner who along with one `S' extended threats to kill him and had eloped with his minor daughter and due to which deceased committed suicide - Whether these..........
Criminal Procedure Code, 1973, Section 362, 439(2) -- Review - Order of cancellation of bail - Grant of bail to co-accused would not ipso facto entitle petitioner to the same - Petitioner was incarcerated for about 6 months - This cannot be taken as incarceration for a significant period of time - Petitioner can file a fresh bail application and same shall be considered on..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Not a substantive piece of evidence - It can be used to corroborate the statement of a witness and it can also be used to contradict a witness...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Correctness of the allegations is not to be tested at the stage of considering an application for quashing...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - When FIR alleges a dishonest conduct on the part of accused which if supported by materials would disclose commission of a cognizable offence, investigation should not be thwarted by quashing the FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court ought to have considered the materials collected during investigation before taking a call on the prayer for quashing of FIR, cognizance order and the proceedings pursuance thereof...........
