Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Right of a woman to claim maintenance from her son or daughter is independent of her husband's obligation to maintain her...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Mother can claim maintenance from her children even if her husband is maintaining her and son can be legally required to contribute if mother is unable to maintain herself and husband is not providing sufficient support...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Fact that husband of a woman has sufficient means and provides maintenance to her would not absolve son of his independent statutory obligation u/s 144(1)(d) BNSS (S.125(1)(d) Cr.P.C.) to support his mother if she needs it...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son cannot escape from liability to maintain his aged parents merely because he is married and has a family...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son contended that his mother is rearing cattle and is getting sufficient income from it to support her - Contention rejected as it is quite unfortunate and inappropriate for an affluent son to tell his aged mother that she should go to cattle rearing to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of about 25% of net salary of husband - Order challenged on the ground that wife herself deserted husband - Unless husband is able to get a declaration in his favour in Matrimonial Case filed u/s 9 of Hindu Marriage Act and wife fails to justify her desertion, any challenge to maintenance order is..........
Criminal Procedure Code, 1973, Section 154 -- Two FIRs - Quashing of second FIR - Second FIR discloses new and distinct offences allegedly committed after registration of first case - Bar against a second FIR operates only where both relate to same incident or transaction - Test of sameness is not satisfied - Moreover, second FIR was registered pursuant to order of..........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361, Indian Penal Code, 1860, Section 440 -- Benefit of probation - Offence u/s 440 IPC - Appellants were convicted for maximum period of six months u/s 440 IPC - Therefore, benefit of probation could have been given - But, while awarding sentence said aspect was not considered -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106 -- (Criminal Procedure Code, 1973, S.102) - Seizure of property - Police officer is entitled to seize property of accused persons during investigation by passing orders and only duty is to report such seizure to Magistrate concerned - There is no obligation cast upon police to seek prior order from Magistrate for..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106 -- (Criminal Procedure Code, 1973, S.102) - Freezing of bank account - Bank has acted in accordance with law in freezing petitioner's account pursuant to directions issued and request made by Cyber Crime Department and if petitioner is aggrieved by freezing and wants to get her account defreezed, it is open to her to..........
