Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere hostility by a witness, per se, would not be a sufficient ground to infer misuse of concession of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Where on consideration of the facts and circumstances of a case, Court is satisfied that there are cogent and overwhelming circumstances indicating misuse of concession of bail, it becomes imperative upon the Court in the interest of justice to withdraw such concession forthwith...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - There is a prima facie proximity between the grant of bail to accused and an emboldening opportunity for him to win over the witnesses - Accused therefore, does not deserve to enjoy the concession of bail at least until all the crucial witnesses are examined - Privilege of liberty extended to him,..........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge - Omission to frame charge does not disable Court from convicting accused for the offence which is found to have been proved on the evidence on record...........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge u/s 306 IPC - Deceased in her dying declaration clearly stated that deceased was mentally traumatized and she was unable to tolerate the torture and harassment meted out by accused on account of which she committed suicide - It is this taunting or mental torture which she could not withstand and forced..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidence of PWs is not sufficient to sustain order u/s 319 Cr.P.C - No other evidence is relied upon by complainant to support the application u/s 319 Cr.P.C - Order of summoning of additional accused set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
