Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Some estimation of income has to be made though tentatively, at the stage of interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to minor daughters - Need of children and income of father not assessed even tentatively - Order granting interim maintenance, set aside and matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 498A, 323, 524, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Distant relatives - Living at separate residence - Mental cruelty can be inflicted even by communication i.e. telephone etc. - Sufficient material on record which is indicative of inflicting mental cruelty..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Written statement submitted by witness himself to I.O and I.O assured its genuineness and same if reduced in writing shall be a statement duly recorded u/s 161 Cr.P.C...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Written statement of a witness can be taken to be statement u/s 161 Cr.P.C. when it was reduced in recording in case diary in presence of witnesses as well as I.O has made questions also which are also reduced in writing along with answers...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 439 -- Dishonour of cheque - Bail - Complainant was not alive on the date of passing impugned orders of rejection of bail - Such orders could not have been passed as complaint itself had abated - Impugned orders of rejection of bail not legally sustainable and thus, set aside...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Answer given by accused when he was questioned u/s 313(1)(b) Cr.P.C, is only ipse dixit of accused - PW1 was not confronted with specific allegations as was projected while replying at the time of questioning u/s 313(1)(b) Cr.P.C - There was thus, no occasion for PW1 to answer the allegations that was..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for cross-examination - Witnesses though appeared in witness box but not cross-examined by counsel of accused - This fact is not disputed that immediately thereafter application u/s 311 Cr.P.C filed for re-summoning of witnesses - Accused is deprived of opportunity of cross-examination - One last opportunity..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prima facie evidence available on record was ignored by trial Court while allowing application for summoning of additional accused - Sufficient evidence was collected by I.O which does not suggest involvement of proposed accused in the crime - Order allowing application u/s 319 Cr.P.C. set..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401, 397 -- Dishonour of cheque - Revision - Power of revision available to High Court u/s 401 Cr.P.C r/w 397 Cr.P.C, is not wide and exhaustive to re-appreciate evidence to have contra finding...........
