Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - Cannot be sustained in absence of conditional order...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - SDM proceeded u/s 133 Cr.P.C without passing a conditional order - Passing of conditional order gives jurisdiction to SDM to proceed further - He treated private dispute as a public dispute - SDM thus, committed jurisdictional error which can be rectified in proceedings u/s 482 Cr.P.C. - Order of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If a person offers to maintain his wife on condition of her living with him and she refuses to live with him, then Magistrate may consider any grounds of refusal stated by her and may make an order u/s 125 Cr.P.C notwithstanding such offer, if he is satisfied that there is just ground for doing so...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner was neither named in FIR nor charge-sheeted after investigation and was in fact declared innocent by investigating agency - Summoning of petitioner u/s 319 Cr.P.C. is based solely on an isolated and untested statement made by PW1 during examination-in-chief, without benefit of..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has ordered civil imprisonment on account of failure of petitioner to honour decree for recovery of amount - However, Executing Court has not adverted to the fact that petitioner claims exemption u/s 60(1)(ccc) CPC - Impugned order set aside - Executing Court..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor children - Husband despite service of notice and without valid reason did not appear - Court after taking into consideration entire facts and circumstances, passed the order for payment of interim maintenance - Impugned order not on higher side and is fair and reasonable - Maintenance..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail of petitioner cancelled due to his non-appearance, as he was out of station for some urgent work - Non-bailable warrants were also issued against petitioner - Since petitioner is keen to join proceedings, order of cancellation of bail set aside with cost of Rs.10,000/-...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - An order dismissing a discharge petition ought to contain proper reasons - Mere employment of stereotyped expressions would not suffice...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court is obliged to scan the material on record and give a finding if there is sufficient ground for proceeding against accused - There must be broad discussion of factual matrix leading to the conclusion that there is sufficient ground for proceeding against accused - Order dismissing discharge application set..........
Indian Penal Code, 1860, Section 498A, 324, 355, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against husband - Allegation of throwing chilli powder and assault on wife by husband and other in-laws is not only supported by wound certificate which discloses simple injury but also statement of neighbour - It cannot be..........
