Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge - Cheating - Allegations that respondent with the object of cheating the Bank, granted three facilities to Company - However, role of respondent confined to signing the memorandum prepared by senior..........
Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - Non-framing of charge would not vitiate a conviction when no prejudice has been pointed out by accused...........
Criminal Procedure Code, 1973, Section 465 -- Omission to frame charge - Even the absence of a charge by a Court will not vitiate the trial or judgment to be delivered in the case...........
Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - If the facts are such that a charge could be framed and yet it is not framed, but no failure of justice has in fact, been occasioned, thereby, the finding, sentence or order of Court of competent jurisdiction is not to be set aside on that ground...........
Criminal Procedure Code, 1973, Section 465 -- Framing of new charge - Accused faced trial in the Trial Court knowing well that a Court having no jurisdiction to try the case had framed the charge - He did not mention this irregularity while the Trial Court recorded the evidence - Without any objection, he participated in the trial and never raised a case that he was..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for preliminary investigation to police - Where specific allegations of sexual assault and molestation were levelled against accused by informant, directing preliminary investigation to police into allegations made by victim in application u/s 156(3) Cr.P.C and placing reliance on police report submitted in favour..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deduction made from the income of husband, which are on account of own volition of husband, cannot be permitted - It is only the statutory deductions, which are mandated by law and beyond the control of husband which can be taken into account...........
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...........
