Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Allegations of ill treatment and harassment due to non-fulfillment of dowry and ousted from home levelled against husband by wife - Husband filed a petition for restitution of conjugal rights only after receiving notice of maintenance - He never tried to come at residence of wife to bring her back to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife living separately from husband for sufficient cause and is pursuing her MD (Homeopathic) and she requires support - Maintenance @ Rs.15,000 p.m., granted to wife from date of application except for the period of one year for which she was getting stipend...........
Unlawful Activities (Prevention) Act, 1967, Section 43B, Criminal Procedure Code, 1973, Section 50 -- Grounds of arrest not communicated to accused when they were apprehended - Mere fact that grounds of arrest was duly explained by Court at the time of remand, can never be an adequate compliance of furnishing grounds of arrest at the time of securing an accused - Order of..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 239 -- Cheating and breach of trust - Appellant was minor at the time of alleged transaction between informant and accused No.1 - Allegation against appellant is that he had purchased the plot in question from A-1 in the year 2022 - However, appellant was minor when transaction took place..........
Criminal Procedure Code, 1973, Section 156(3), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 27(9) -- Direction to register FIR by Child Welfare Committee - Child Welfare Committee is not empowered to direct police to register FIR - Child Welfare Committee is only empowered to forward a report to Juvenile Justice Board or to concerned police..........
Criminal Procedure Code, 1973, Section 219 -- Clubbing of cases - Cross cases - Direction issued that in all cases where cross cases are registered or cases which have link with same incident, information thereof shall be furnished in chargesheet/challan/final report, whenever same is filed in Court - This enables Court concerned to take appropriate steps and get trials in..........
Criminal Procedure Code, 1973, Section 304 -- Free Legal aid to accused - State is under constitutional mandate to provide free legal aid to an accused person who is unable to secure legal services on account of indigence...........
Criminal Procedure Code, 1973, Section 304 -- Free Legal aid to accused - Court had not put petitioner on notice regarding his right to be defended by a pleader assigned by State on the date on which petitioner's earlier Counsel relinquished his Vakalath - Even it is for accused to decide whether he wants to conduct the case himself or through a lawyer assigned by Court,..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR does not make prosecution case improbable when such delay is properly explained, but a deliberate delay in lodging FIR may prove fatal...........
Criminal Procedure Code, 1973, Section 240 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.263(1) - Framing of charge - Charge should be framed in writing - It cannot be in a printed format - Court cannot prepare a format of charge and fill the details of each case in vacant space of format...........
