Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea by husband that he does not have means to pay or he does not have job or his business is not doing well - These are only bald excuses - In fact, these have no acceptability in law - If husband is healthy, able bodied and is in the position to support himself, he is under legal obligation to support his minor..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 83 -- Quashing of FIR - FIR against child below 12 years - Charge sheet filed before Juvenile Justice Board - Quashing of FIR sought on the ground that FIR could not have been filed as per S.83 of IPC - Petitioner through his legal guardian is thus, allowed to file a suitable application in..........
Criminal Procedure Code, 1973, Section 482 -- Fair and impartial investigation - It is imperative on part of I.O. to conduct investigation strictly in accordance with law, in fair and impartial manner without being influenced by any extraneous consideration - Sr.Supdt. directed to ensure investigation be conducted strictly in accordance with law, in fair, impartial and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction of mistake - Suit for recovery of stridhan/dowry/articles - Amendment sought for correction of factual mistake with regard to date of marriage and also place of marriage - Case is at initial stage, as issues are not yet framed - Nature of suit would not be changed by amendment - As regarding..........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Merely because on same set of facts with same allegations and averments earlier complaint is filed, there is no bar to lodge FIR with police station with same allegations and averments - However, if it is found that subsequent FIR is abuse of process of law and same is lodged only..........
Criminal Procedure Code, 1973, Section 210 -- Complaint and FIR in respect of same offence - Complaint u/s 138 of N.I. Act was filed against accused - After period of 3 months complainant filed application u/s 156(3) Cr.P.C seeking registration of FIR - However, Magistrate declined to register the same and decided to inquire into the matter by treating same as complaint..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511, 306, 498A, 406, 120B -- Anticipatory bail - Attempt to rape of daughter-in-law by father-in-law - Specific allegations levelled against accused by name which are quite grave and serious in nature - Young woman having lost her husband would not blame her father-in-law without any..........
Insolvency and Bankruptcy Code, 2016, Section 7, 33 -- Corporate Insolvency Resolution process - Liquidation of Corporate debtor - Appellant despite passage of almost five months has not been able to deposit an amount of Rs.50 crores in terms of understanding arrived at with CoC - Appellants thus, failed to abide by its obligations - Time is a crucial facet of scheme under..........
Foreign Exchange Regulation Act, 1973, Section 31 -- Transfer of immovable property of a foreign nation - Prior permission of RBI - Requirement of seeking previous general or specific permission of RBI in respect of transaction covered by S.31 of the Act is mandatory - Consequently, any sale or gift of property situated in India by a foreigner, without previous permission..........
Custody of child -- Law would not countenance custody of a minor to be handed over to a parent who is an under trial, in connection with other murder and that too, on a charge of conspiracy with a paramour...........
