Criminal Procedure Code, 1973, Section 125 -- Maintenance to major unmarried daughter - No averment in application that daughter is unable to maintain herself or not attained majority - Daughter held, not entitled to get maintenance u/s 125 Cr.P.C - However, liberty is reserved in favour of daughter to take recourse to S.20(3) of Hindu Adoptions and Maintenance Act, if so..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.498-A, 306 IPC to S.302 IPC - Accused was not given opportunity to defend himself against altered charge for which he was convicted - No evidence against accused with regard to offence u/s 302 IPC - Conviction and sentence set aside - Accused acquitted u/s 302 IPC...........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation from one State to another - Part of cause of action has arisen in Delhi - Court at Delhi thus, have jurisdiction to take cognizance of offence - Moreover, no such objection was taken when MM directed registration of FIR - Order of transferring investigation from Delhi to Noida is bad in law and thus,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Remedy of revision already availed - Petition u/s 482 Cr.P.C. thereafter amounts to second revision petition - No special circumstances exist to exercise inherent power u/s 482 Cr.P.C. - Petition dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Any one of several persons may be chosen for claiming maintenance - It is not obligatory on the part of claimant seeking maintenance to name all the persons having sufficient means to be proceeded against - In other words, it is for claimant to decide whether he/she wants maintenance from any one or all the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Impleadment of a party - Impleadment is a concept of civil law - There is no provision in Cr.P.C. which enables a respondent to a proceedings to seek impleadment of some other person in the said proceeding...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(c), 29 -- Default bail - Contraband - Charge sheet filed within period prescribed but not accompanied by FSL report - Cannot be termed as defective or incomplete - Accused not entitled to default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Some of the accused absconding - Case kept open against them u/s 173(8) Cr.P.C. - Charge sheet filed against them beyond 90 days of their arrest - Such accused are entitled to default bail...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance - Court filled the words `cognizance' and `personal' in blank space which suggest that there is non-application of judicial mind - Order taking cognizance , set aside - Matter remitted back to concerned Court to pass afresh order in accordance with law...........
