Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Plea of divorce by mutual consent - Marriage between two Hindus can be dissolved only by modes recognised by Hindu Marriage Act and unilateral declaration executed on a stamp paper worth Rs.10/- is not a mode of dissolution of Hindu Marriage recognised by law..........
Criminal Procedure Code, 1973, Section 311 -- Complainant as its own witness - Complainant sought adjournments time and again and she deliberately chose not to get herself examined on some or the other pretext - Accused also has a right to expeditious conclusion of trial - Complainant is merely trying to one way or the other, ensure that criminal case does not meet its end..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Mere fact that custodial interrogation is not required that by itself may not be a ground to release an accused on anticipatory bail if offences are of a serious nature...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Mere assertion on the part of State while opposing plea for anticipatory bail that custodial interrogation is required would not be sufficient - State would have to show or indicate more than prima facie why custodial interrogation of accused is required for the purpose of investigation...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - No sufficient ground to summon the opposite parties for trial with co-accused - Trial Court while rejecting the application u/s 319 Cr.P.C discussed the evidence on record and gave reasons while arriving at the conclusion - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 482 -- Stay granted by High Court in an application u/s 482 Cr.P.C. - Interim order will operate till such time the High Court vacates/varies the said order...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Complainant an injured victim who was not a party to settlement agreement and nor was agreeable to such course of action - Order of quashing FIR set aside...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - FIR has been lodged after due deliberation and at the instigation of inimical parties in the village - No direct evidence or eye witness of the incident - Chain of incriminating circumstances against accused not complete - Accused was not last seen in the company of deceased..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Should be made payable from the date of application and not from the date of order...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband is bound to provide maintenance allowance to his wife and children which may be upto 25% of his monthly income...........
