Criminal Procedure Code, 1973, Section 407, 125, Protection of Women From Domestic Violence Act, 2005 -- Transfer of two separate petitions u/s 125 Cr.P.C. and petition filed under Domestic Violence Act - Husband sought transfer of two cases because he has an apprehension qua his false involvement in cases by brother of wife - However, husband is appearing in cases in..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - At the stage of issue of process u/s 204 Cr.P.C, Magistrate is only to decide whether there exists sufficient ground or not for proceeding in the matter...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Summoning of accused - Allegations in the complaint have been found to be supported in the statement made on oath by complainant during the course of examination u/s 200 Cr.P.C and also by statements of witnesses recorded during the course of inquiry made by Magistrate u/s 202 Cr.P.C - Order of summoning..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - Offence u/ss 498-A, 326, 307, 506, 34 IPC - There is no material on record against any of accused u/s 498-A IPC, but there are materials to frame charge against all the petitioners u/ss 325, 307, 34 IPC and also there is material to frame charge u/s 506 IPC - Charge u/s 498-A IPC deleted and a fresh charge..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Husband contracted second marriage without divorcing his first wife whom he legally wedded - Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to first wife -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - When charges are altered, opportunity must be given to both, prosecution and defence, to recall or re-examine witnesses in reference to such altered charges...........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - When charges are altered by Court, reasons for the same must be recorded in the judgment...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Even if trial has abated against existing accused, there is no bar in summoning appellants and starting the trial afresh...........
