Criminal Procedure Code, 1973, Section 125, 128 -- Maintenance to wife - Husband cannot be absolved from paying arrears of maintenance due towards wife even if at times their daughter is taking care of wife - It is the legal and moral duty of husband to maintain his wife - Maintenance @ Rs.10,000 pm rightly granted and it would be in the interest of justice to execute the..........
Criminal Procedure Code, 1973, Section 125, 362 -- Dismissal of petition for non prosecution - Recall of order - Embargo contained u/s 362 Cr.P.C is relaxed in proceedings u/s 125 Cr.P.C - Court having not become functus officio after passing of final order as such recall application filed seeking restoration of case u/s 125 Cr.P.C, cannot be rejected by assigning a reason..........
Indian Penal Code, 1860, Section 447, 427, 294, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 447, 427, 294, 506, 34 IPC - Quashing of FIR - Complainant was not sure about the date of commission of alleged offences - No reason given for delay of 39 days in lodging FIR - Allegation levelled by complainant that accused demolished the boundary wall..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction cannot be based solely on the statements made by an accused u/s 313(1) Cr.P.C - Statements of accused cannot be considered in isolation but in conjunction with the evidence adduced by prosecution...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Bail - Cheating - Accused is in custody since 7.3.2024 for more than 2 months and further incarceration of accused would be violation of his rights u/art 21 of Constitution, as trial is likely to take some time - Entire evidence of case is documentary in nature and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is having sufficient means of source of income, as he is working in Saudi - Whereas, wife is unable to maintain herself - Wife is entitled to socio-economic status as per financial status of her husband - Maintenance @ Rs.5000 rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of divorce by mutual consent - Husband pleaded that trial Court while granting interim maintenance has not specifically dealt with plea taken by him regarding divorce by mutual consent - Though, wife disputed alleged divorce being voluntarily one - However, even if divorce has taken place between..........
Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Magistrate directing investigation u/s 156(3) Cr.P.C. - He cannot be said to have taken cognizance - It is only when Magistrate after applying his mind prefers to follow the procedure under Chapter XV of Cr.P.C. by resorting to S.200 Cr.P.C. he can be said to have taken cognizance of the offence...........
