Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Maintenance to wife - Determination of income of husband employed abroad - Mere earning in foreign currency does not by itself entitles wife to claim maintenance by mechanically converting husband's foreign income into Indian currency and applying formulae evolved by Indian..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Maintenance to wife - Determination of income of husband employed abroad - Where one of spouses is employed abroad and has failed to place complete and candid disclosure of income before Court, assessment necessarily involves a degree of estimation and informed guesswork -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Interim maintenance to wife - Mere capacity to earn cannot be equated with actual earnings - When it is admitted that wife is not gainfully employed, question whether she deliberately remained unemployed to extract maintenance, can only be ascertained after evidence is led by..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144, 146 -- (Criminal Procedure Code, 1973, Ss.125, 127) - Interim maintenance to wife - Enhancement of - Husband is earning in foreign currency and is residing in USA - Consequently, he is also required to incur expenses in foreign currency and standard as well as cost of living in USA cannot be equated with that..........
Criminal Procedure Code, 1973, Section 439(2) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.483(3) - Cancellation of bail - Bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow accused to retain his freedom by enjoying concession of bail..........
Criminal Procedure Code, 1973, Section 439(2) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.483(3) - Cancellation of anticipatory bail - Cancellation sought on the ground that respondent failed to comply with terms of settlement/agreement arrived at between parties during pendency of anticipatory bail - However, it is nowhere mentioned in order if respondent failed to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint allegations disclose that cheque was issued for discharge of liability - Ingredients of S.138 of N.I. Act are prima facie made out from complaint allegations - Order of quashing set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings at threshold - Court is required to examine whether allegations made in complaint along with materials in support thereof make out a prima facie case to proceed against accused or not - In exceptional circumstances, Court may take..........
Criminal Procedure Code, 1973, Section 164 -- Statement recorded u/s 164 Cr.P.C. - When witness herself disowns voluntarism and truthfulness of her statement recorded u/s 164 Cr.P.C. and also when prosecution fails to offer any plausible explanation for these material inconsistencies, benefit of doubt must necessarily ensure to accused...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Directions issued in Rajnesh Vs Neha apply to proceedings for interim maintenance also...........
