Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Once it was found that wife did not have any income, she was entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is incapable of earning something but her mother is sustaining her - Expenses paid by mother of wife cannot be used to defeat her claim because husband and not the mother is bound to maintain a legally wedded woman - Maintenance rightly granted to wife and child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband on the ground that he commits anal sex with her - She was not agreeable for carnal intercourse against the order of nature which husband wanted to establish with her - Wife was physically incapable to do so because she had injuries - Refusal to have carnal intercourse..........
Criminal Procedure Code, 1973, Section 83 -- Attachment of property belonging to proclaimed offender - Sine qua non for passing such an order would be a finding, may be prima facie, that property for which attachment order is being passed belongs to accused person and without such finding, no order as to attachment of property can be passed...........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property belonging to proclaimed offender - Mere residence of proclaimed person in rented premises, cannot empower concerned authority to seize or attach the rented property, as said property would not belong to proclaimed person...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 306, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Rape - Challan was presented - Total 22 PWs have been cited and culmination of trial will take its own time - Rival contentions as to whether petitioner has been falsely implicated as also the..........
Indian Penal Code, 1860, Section 363, 366A, 346, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping and sexual assault - Victim stated that she left the house of her father on her own accord and joined the company of accused and solemnized marriage with accused on her own volition -..........
Criminal Procedure Code, 1973, Section 319 -- Application u/s 319 Cr.P.C - Can be filed by accused or a co-accused...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Deciding a case based on material that was never part of record amounts to impropriety requiring interference from the Court in terms of Ss.397, 401 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg opium - Bail - Rigors of S.37 of NDPS Act do not apply, as recovery effected is intermediate quantity - Role of accused is similar to co-accused who were already granted bail - Pre-trial custody may not be justified at this stage - Bail granted..........
