Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Bald plea of unemployment cannot be accepted at face value, particularly when person concerned is able-bodied, qualified and experienced...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Mere fact that mother is earning does not absolve father of his statutory and moral duty to maintain his minor children - Obligation of a father to maintain his children is independent and continues so long as children are minors...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Where both parents are earning, father cannot escape his responsibility, particularly when children are residing with mother and she is bearing primary responsibility of their day-to-day care and upbringing...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Any amount already paid under orders passed in parallel proceedings can always be adjusted at the stage of execution - This by itself, does not render impugned order of granting maintenance illegal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Husband is admittedly an MCA graduate with substantial work experience - Plea that he is unable to earn on account of pending litigations is not acceptable - An able-bodied person is presumed to have capacity to earn and intentional or voluntary unemployment cannot be used as an excuse to avoid..........
Criminal Procedure Code, 1973, Section 195 -- False evidence - Provision contained in S.195 Cr.P.C is not attracted to an offence of giving false evidence before Arbitral Tribunal...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Availability of civil remedy - Mere fact that complaint relates to commercial transaction or breach of contract, for which civil remedy is available, is not by itself ground to quash the criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Availability of civil remedy - Complaint dealing with commercial transaction or breach of contract, for which civil remedy is available, can be quashed if it is shown that complaint even if taken at its face value does not disclose commission of any offence or criminal proceedings have been initiated..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Allegations made in complaint and other material on record suggested that goods belonging to complainant have been removed from demise premises - Even, goods which were source of foul smell were removed from premises but other..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Petitioner alleged that subject matter of FIR is also subject matter of arbitration proceedings in which compensation has been provided to respondent-3 for value of damaged goods - However, respondent-3 may have been granted..........
