Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If a wife by her own acts or omissions, causes or contributes to incapacity of her husband to earn, she cannot be permitted to take advantage of such a situation and claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Criminal Act committed by brother and father of wife which rendered husband incapable of earning and left him without sufficient means - Interim maintenance rightly declined...........
Bharatiya Nyaya Sanhita, 2023, Section 85, 115(2), 118(1), 191(2) -- Cruelty - Only allegation with some degree of specificity is against petitioner No.2 alleging an attempt to press neck of complainant - However, said allegation is conspicuously unsupported by any medical evidence or contemporaneous record - No injury report, hospital document, or independent..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - Cognizance order must be passed in accordance with law, as cognizance is the base of a criminal case...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - If the provisions of Chapter X Cr.P.C. containing S.133 Cr.P.C. is not followed in the manner as prescribed, then a final order, even if well meaning, cannot be allowed to stand by mere fact that it is well meaning...........
Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Central Government employees - It is not only CBI who could have instituted the prosecution but also Anti Corruption Bureau of State has jurisdiction to register criminal case under the provisions of the Act...........
Criminal Procedure Code, 1973, Section 378(1), (2), (4) -- Appeal against acquittal - Leave to appeal - Standards for grant of `special leave' in a case covered by S.378(4) Cr.P.C. are much higher than `leave' contemplated in cases covered by Ss.378(1), 378(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Special leave to appeal - Special leave contemplates a strong prima facie case that judgment of acquittal requires a relook...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Special leave to appeal - Requirement of special leave acts as a statutory filter, ensuring that only those acquittals which reveal gross miscarriage of justice, illegality or perversity are liable to be reopened, thereby making S.378(4) Cr.P.C. exceptional - Right to appeal, is therefore,..........
Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 500 -- Appeal against acquittal - Special leave to appeal - Offence u/s 500 IPC - Leave sought only against printer and publisher - Duty of a publisher includes ensuring that information pertains to a factual occurrence, which stems from a credible source - Criminal liability cannot be imputed..........
