Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence subject to deposit of fine amount of Rs.1 lakh which accused failed to comply due to his poverty - Condition qua deposition of fine amount of Rs.1 Lakh stands recalled and Trial Court is directed to release appellant forthwith, in terms of other conditions imposed by Court...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 72 -- Bail - Non-bailable warrant of arrest (NBWA) - I.O. has not waited for scheduled time and NBWA issued against petitioner is an affront to personal liberty of petitioner - Same appears to have no legal sanction of law, as NBWA should be last resort in a criminal case when issuance of Bailable Warrant would not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Petitioner was found along with two other co-accused persons in the truck wherefrom contraband was allegedly seized - He stands on same footing as other two co-accused who have been acquitted - There are reasonable grounds to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While the length of marriage by itself is not determinative of entitlement u/s 125 Cr.P.C. it is nonetheless a relevant factor in assessing nature of dependency, adjustment of lifestyle and extent to which parties had in fact shared a common standard of living...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because husband earns more it cannot be said that wife must necessarily receive half or a substantial fraction thereof - Such an approach would amount to converting maintenance proceedings into a de facto claim for sharing of income or property which is impermissible...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere capacity to earn does not disentitle a wife from maintenance - Court is entitled to take into account earning potential, qualifications and past employment while determining the quantum...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Matrimonial relationship between parties subsisted for an extremely short duration of about 57 days - Family Court has properly assessed quantum of maintenance taking into account short duration of marriage, financial capacity and conduct of husband, qualifications and potential of wife and object of S.125..........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere expression of words without any intention to cause alarm cannot amount to criminal intimidation...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere presence of a lawyer in his capacity of discharging professional duty of either giving advice or suggestion cannot amount to intimidation...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Vague allegations unsupported by prima facie cogent evidence cannot constitute offence indicated u/s 506 IPC...........
