Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Perjury - In every inquiry u/s 340 Cr.P.C./S.379 BNSS, Court is not bound to make a complaint regarding commission of an offence referred to in S.195(1)(b) Cr.P.C., as S.340 Cr.P.C. is conditioned by words "Court is of opinion that it is expedient in the interests of justice"...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 307, 386, 506, 482, 411, 120B, Arms Act, 1959, Section 25(6), 27 -- Bail - Attempt to murder - Prosecution proposes to examine 23 witnesses to drive home charges against appellant, but none has been examined - Trial is likely to take some time to conclude - Almost two years have passed..........
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..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction filed by maternal uncle of petitioner against his mother, brothers and sisters including maternal grandmother and mother of petitioner - Petitioner failed to establish her rights in the property registered in the name of her maternal grand mother -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Court has discretionary power U.O.1.R.10 CPC to add parties - However, such power cannot be invoked to cure a fundamental defect arising from failure to implead necessary parties when relevant information was available on record and could have been discovered with due diligence...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of trustees - Land in question has been recorded in the name of Trust since 1969 and names of trustees have been continuously reflected in revenue records - Thus, existence of trust and its trustees was a matter of public record - Despite this, plaintiff instituted suit in 2019 without impleading trustees -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Mere earning of wife does not disentitle her from maintenance - Decisive test is whether such income is sufficient to enable her to maintain herself with dignity...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is a qualified medical professional possessing skills and expertise of a radiologist and had previously been gainfully employed for several years - Her professional qualifications and past employment clearly demonstrates that she has substantial earning capacity and is capable of engaging herself in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is a qualified medical professional possessing skills and expertise of a radiologist and had previously been gainfully employed for several years - Held, considering salary of husband, professional qualifications and earning capacity of wife, maintenance reduced from Rs.18,000 to 12,000 p.m from date..........
