Criminal Procedure Code, 1973, Section 311 -- Recall of three PWs for re-examination - In the absence of witnesses making any complaint about threat or pressure not to tell the truth before Court, mere on basis of filing an application by prosecution, it was not justified on the part of trial Court to allow the application - Order allowing application held, set aside...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application u/s 311 Cr.P.C cannot be allowed if it is filed only to drag the proceedings...........
Indian Penal Code, 1860, Section 307, 323, 325, 341, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Compromise - Parties are husband and wife and a compromise arrived at between them - They reached a point of dissolution of marriage and have also settled all their issues like custody of minor daughter, permanent alimony, istridhan etc. -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Decree of divorce granted on the ground of adultery - Maintenance was granted after parties ceased to husband and wife - Findings recorded during divorce proceedings would not affect the maintenance claim of divorced wife - Plea of husband that a divorced wife is not entitled to maintenance if she..........
Indian Penal Code, 1860, Section 376(2)(1), 511, Protection of Children from Sexual Offences Act, 2012, Section 5(k), 9, 10 -- Attempt to rape - Accused with sexual intent hugged victim girl aged about 16 to 17 years from behind and that involved physical contact without penetration - Said act of accused i.e sexual assault is aggravated sexual assault, as victim is having..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is educated and well qualified to earn an income is not sufficient to deny maintenance to her...........
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...........
