Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of interim maintenance Court cannot hold a threadbare trial to go into every micro detail...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife is legally wedded wife of husband - Wife is residing separately at her parental home as she alleges that she was harassed, abused and expelled from her marital home due to dowry demands and insufficient dowry brought to marriage by husband and his family - It is thus, both a legal and moral obligation..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - In the absence of the same, order dismissing application, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Family Court granted maintenance to wife without seeking affidavits of assets and liabilities of rival parties - Impugned order set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Composite sentence of fine and imprisonment was imposed on accused - Therefore, appeal shall not abate on the death of accused and Court is bound to decide the appeal on merits after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Leave to appeal sought by wife of accused - Application seeking leave filed after delay of 20 days - Petitioner has offered sufficient explanation of delay - Application for leave to..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Proceedings u/s 12 of the Act of 2005 - Quashing of proceedings - Application u/s 482 Cr.P.C challenging the proceedings u/s 12 of PWDV Act is not maintainable...........
Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Parties are indulging in sexual relationship for as many as 31 years - Contents of FIR clearly indicate a consensual relationship - Victim was aware that accused was married and despite this knowledge she continued to believe his..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Oral evidence of eye witnesses - There is not even a whisper about the alleged eyewitnesses joining the investigation - Said witnesses were apparently ghost witnesses who neither had their statements recorded by I.O u/s 161 Cr.P.C. nor were they produced by prosecution before Trial Court - Similarly, no attempt..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in dumping waste into public property - Stringent conditions in the form of at least furnishing of a bank guarantee should be imposed while directing release of vehicle dumping waste into public property...........
