Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and daughter - Enhancement of - Husband is a director of company and big shareholder - Annual income of husband is Rs.7,50,000 - Maintenance amount thus, increased to Rs.18,500/- pm to wife and Rs.10,000/- pm to minor daughter...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because charge sheet is filed cannot be a ground for High Court not to invoke its jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of allegations made in the FIR or complaint at the stage of quashing of proceedings u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 406, 504, 506 -- Quashing of proceedings - Cheating - Allegations made in the FIR even if taken at its face value, do not disclose the commission of an offence to make out a case against accused - Continuation of proceedings would not be in the interest of justice and..........
Criminal Procedure Code, 1973, Section 31, Indian Penal Code, 1860, Section 363, 366, 376 -- Concurrent or consecutive running of sentences - Offence u/ss 363, 366, 376 IPC - Accused sentenced to 7 years in each offence u/s 363 and S.366 IPC - No facts or circumstances mentioned in the judgment to justify the award of maximum terms of punishment u/s 363 or S.366 IPC -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Income of husband is minimum of Rs.15000 pm as discussed by Court below in detail - Wife not able to maintain herself or her daughter - Court below rightly awarded total Rs.5000/- p.m as interim maintenance to wife and daughter...........
Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Law as to: (i) Second/successive anticipatory bail petition filed u/s 438 Cr.P.C, is maintainable in law and such petition ought not to be rejected solely on the ground of maintainability; (ii) Such second/successive anticipatory bail petition(s) is maintainable whether earlier..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 354A, 511 -- Second anticipatory bail application - Attempt to rape of daughter by father - First anticipatory bail application was dismissed as withdrawn - Second anticipatory bail application filed solely on the ground that accused has come into possession of certain photographs which..........
Criminal Procedure Code, 1973, Section 311, 233(3) -- Summoning of witnesses - Difference between S.311 Cr.P.C and S.233 Cr.P.C - U/s 311 Cr.P.C power lies in Courts only - However, u/s 233 Cr.P.C, right lies with accused and Court's interference is limited...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witnesses - Court has a plenary power to summon any person at any stage of the proceedings as a witness - This power includes recall and re-examination of any person who has already been examined - This power is to be exercised when Court finds it necessary to summon/recall any witness for just decision of the..........
