Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Directions issued in Rajnesh Vs Neha apply to proceedings for interim maintenance also...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Payable from the date of filing of application for interim maintenance...........
Criminal Procedure Code, 1973, Section 82 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.84) - Proclaimed offender - Petitioner has immediately moved the present petition showing his inclination to submit himself before trial Court when petitioner came to know about passing of order declaring him proclaimed offender - He can be given one chance to appear before trial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - When Court on the basis of evidence on record found no cause to invoke suo motu power u/s 319 Cr.P.C, same cannot be lightly invoked on the mere accusation made by complainant...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Allegation that jeep in which five persons sitting dashed against bicycle driven by complainant and his son, resulting in injuries both to complainant and his son - However, deposition of complainant and PWs 1 and 2 was only to extent of sole accused arrayed in charge sheet having driven the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Discretionary power u/s 348 BNSS cannot be exercised to enable prosecution or accused to fill up lacunae or overcome defects in its own case once exposed during trial...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Recall of a witness at concluding stage, i.e., after cross-examination and even after recording of statement u/s 313 Cr.P.C. would cause prejudice to accused and is opposed to principles of fair trial...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Once witness has already been cross-examined and defence has disclosed its stand based on prosecution's own omissions, permitting recall of witness at this stage, would amount to nullify defence established during trial and may prove prejudicial to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earlier marriage of wife continued to subsist at the time of her marriage with opposite party/husband - Mere fact that wife resided with opposite party for nearly ten years and relationship may appear akin to marriage, yet such cohabitation does not confer legal status of a wife u/s 125 Cr.P.C. - Wife does..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of first marriage of wife - Wife admits her subsisting marriage with her earlier husband and there is no decree of divorce - Plea of wife that she acted on basis of mutual settlement and notarized deed cannot confer her legal status, particularly when she herself initiated divorce proceedings..........
