Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two daughters - Husband was earning a gross salary of Rs.82095 pm - Maintenance @ Rs.15,000 pm to wife and children is on lower side - Wife deserves to live as per standard in accordance with emoluments of husband - Moreover, two daughters are of growing age and would definitely require expenses for..........
Criminal Procedure Code, 1973, Section 227, 239, 240 -- Discharge - At the stage of formation of opinion u/ss 227, 239, 240 Cr.P.C, Court is not required to weigh the probative value of material brought on record in the golden scale or to presume the prosecution story as gospel truth - Nature and degree of evaluation at this stage is limited to determine whether a prima..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge, Court has to shift and weigh the material only for the purpose of forming an opinion as to whether there is any material to frame charge - While doing so, Court has to peruse entire charge sheet along with statements of victim and other witnesses as well as documents..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction by trial Court - Accused acquitted in appeal - In Revision High Court convicted accused - High Court as per S.401(3) Cr.P.C does not have authority to convert a finding of acquittal into one of conviction while exercising its revisional power - If..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Direction to register case and its investigation by police should be exercised where some `investigation' is required...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Complainant in possession of complete details of all accused as well as the witnesses - Neither recovery needed nor any such material evidence is required to be collected which can only be done by the police - In such a case procedure of complaint case should be adopted...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Merely because facts are in the knowledge of applicant, direction to lodge FIR cannot be refused...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Gravity/seriousness of the offence, requirement of evidence for the purpose of launching a successful prosecution and basically the interest of justice depending on the facts of each case needs to be considered in passing the order u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Once a Court comes to a conclusion that an accused is entitled to bail, Court cannot postpone the grant of bail, as it may amount to violation of fundamental rights guaranteed u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Second FIR for the same incident is permissible when it is with respect to same incident having a different version of evidence...........
