Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband is getting monthly salary of Rs.50,000 and he is owing 11 houses and getting Rs.90,000 as rent - He has not specifically disputed factum of owing houses and leasing out the same to third parties - Considering the economic status of parties, fixation of monthly maintenance at Rs.10,000 each..........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance order by Family Court - Appeal thereagainst does not lie - Such order is amenable to Criminal Revision in High Court u/s 19(4) of Family Courts Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - Power to permit amendment being purely procedural in nature, Magistrate can permit amendment even in the absence of any provision in Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Handwriting expert - No plausible justification or explanation given by accused to examine handwriting expert - Power u/s 311 Cr.P.C should be exercised only for strong and valid reasons and with great caution and circumspection - Application rightly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Handwriting expert - No plausible justification or explanation given by accused to examine handwriting expert - Power u/s 311 Cr.P.C should be exercised only for strong and valid reasons and with great caution and circumspection - Application rightly..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When charge sheet has not been filed, it would not be proper to quash proceedings invoking provision of S.482 Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Pre-condition of furnishing Bank Guarantee is unsustainable - Accused to furnish bail bond instead of bank guarantee...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Kidnapping - Victim has clearly exonerated accused and even her brothers have stated nothing against accused in their statements during the trial of case - Prima facie accused has been able to rebut the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Seriousness of an offence - Not a ground to curtail personal liberty of an under trial for an indefinite period...........