Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Wife is unable to maintain herself and two minor daughters - Husband on the other hand has sufficient means and is still neglecting to maintain them - There is thus, sufficient ground to enhance the maintenance amount - Wife is entitled to Rs.4000 pm as maintenance and Rs.3000 pm to each..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 377 -- Quashing of proceedings - Offence u/s 377 IPC - Magistrate after hearing prosecution arrived at the conclusion that on the basis of evidence collected by I.O, prima facie case u/s 377 IPC was made out against accused - Therefore, he took cognizance u/s 377 IPC in addition to other..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Seven accused acquitted and remaining two convicted - Summoning order passed after acquittal of accused is not in accordance with law...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Person can only be summoned as an accused, when Court after analyzing the evidence available on record strongly feels that there is sufficient and overwhelming evidence available on record and it is expedient for justice to summon him as accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court, without assigning sufficient ground for substratum of constituting the offence, has wrongly observed that the role of petitioners is suspicious - No specific or cogent reasons have been assigned by Court as to how petitioners are involved in crime - Reasoning that police authority..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 of the Act as proclamation was `announced in the public' but not `read publically' - Order declaring accused as proclaimed person, set aside...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 Cr.P.C - Statement of executant police official was on a printed proforma instead of same having been recorded in Court, which raises doubt about compliance of S.82 Cr.P.C - Order declaring accused as proclaimed person set aside...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Detailed order is not warranted while taking cognizance and issuing summons u/s 204 Cr.P.C - But the proceedings must show that, Magistrate applied his mind to the facts and statements of complainant and his witnesses, to find that there was sufficient ground for proceeding against accused...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to child - Dispute as to paternity of child - Child was born after 9 months and 4 days of marriage of wife with husband which is less than 280 days - Presumption u/s 112 of Evidence Act is thus, applicable on the birth of child and provides legitimacy to her birth and raises a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband due to harassment and cruelty by husband and his family members and husband marrying another woman - It cannot be concluded that wife is living separately from husband without any reason - Wife is thus, entitled to maintenance - Trial Court directed to order afresh on..........
