Criminal Procedure Code, 1973, Section 311 -- Given up witness - Witness whose name was already found mentioned in the list of witnesses and was given up, has been sought to be examined - No new witness has been introduced by prosecution - Witness sought is not a private witness who could have been subsequently created and he is going to prove some public document only -..........
Criminal Procedure Code, 1973, Section 407 -- Transfer and consolidation of two cases - Both the offences relates to same chain of events and accused in both the cases are same - Filing of second FIR by police is thus, not proper - Same accused are being forced to face two trials and in two trials, evidence will have to be adduced separately - Since series of events..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Separated life of a wife for a valid cause is recognized by law and that will not stand in the way of raising a claim for maintenance u/s 125 Cr.P.C. (S.144 BNSS)...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Expression `unable to maintain' in S.125 Cr.P.C. must be interpreted to mean actual inability to sustain rather than mere potential earning capacity - Expression does not mean mere capacity or capability to earn...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Highly qualified wife if not working and earning, cannot be denied maintenance on the ground that she has capacity to earn - In other words, a highly qualified jobless wife is entitled to maintenance until she secures sufficient means to support herself...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of summoning u/s 319 Cr.P.C. Court has to see that there is a strong and cogent evidence against such person and not merely probability of his complicity...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 306 -- Summoning of additional accused - Offence u/ss 498-A, 306 IPC - General, vague and omnibus allegations were made against opposite parties No.2 to 4 without referring to any date, time and place as well as nature of offence - There is not even a prima facie case against opposite..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Single instance of adulterous conduct is not enough to disqualify wife from claiming maintenance rather, there must be evidence of continuous adulterous behavior - In brief, there should be proof that wife is habitually engaging in an..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Wife of `A' with whom respondent/wife is leading adulterous life had filed divorce petition on ground of adultery - Said circumstantial evidence are sufficient to establish the factum of `living in adultery' on a balance of preponderance..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Husband is not required to prove adulterous act beyond a reasonable doubt - Adultery typically occurs in secrecy, making direct proof rare - Adultery can often be established through circumstantial evidence, provided circumstances lead..........
