Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Recovery of arrears of maintenance - Attachment of retirement dues of deceased mother of husband - Retirement dues of mother of husband after her death coming to the hands of husband, cannot be termed as retiral dues or service benefits of his mother - Said amount as tangible corporeal property is..........
Criminal Procedure Code, 1973, Section 125, 421 -- Maintenance to wife - Recovery of arrears of maintenance - Arrears of maintenance is recoverable in the same manner provided for recovery of fines levied in a criminal case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant as a witness - Previous counsel of accused failed to put some questions as well as some documents to complainant - Relevance, admissibility and reliability of any such question or document was supposed to have been spelt out by accused so as to enable Court to evaluate the requirement of recall of..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Grant of interim maintenance - Appeal - Impugned order passed by Additional Sessions Judge in an appeal was only granting interim monetary relief of Rs.5000 p.m towards rent for alternate accommodation to complainant - No such order has been passed which is criminal in nature - Filing of appeal u/s 482..........
Criminal Procedure Code, 1973, Section 439 -- Bail - If there are serious allegations against accused, even if he has not misused the bail granted to him, such an order can be cancelled by same Court that has granted the bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - In a serious criminal offence - Court must consider relevant factors like nature of accusations made against accused, manner in which the crime is alleged to have been committed, gravity of offence, role attributed to accused, criminal antecedents of accused, probability of tampering of witnesses and repeating the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Can also be revoked by a superior Court if it transpires that Courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Double murder case - All the accused have remained in custody for less than three years for such a serious offence of double murder for which they have been charged - Accused have previous criminal history and there have been allegations that three of accused herein have threatened one of the key eye-witnesses in open..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Bar u/s 33(5) of POCSO Act - There is no absolute bar u/s 33(5) of POCSO Act to recall a victim witness - However, victim who is a minor shall not be repeatedly called to Court in the guise of cross-examination - Application u/s 311 Cr.P.C..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Almost all the questions have already been put to victim and there are certain questions which are completely irrelevant and can be put to other witnesses - Moreover, there is a statutory bar u/s 33(5) of POCSO Act to recall victim in a..........
