Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - When high end luxurious cars owned by husband cannot be disputed, prima facie valuation put forth by wife, in absence of denial thereto without any material, on oath by husband, can be taken as base to determine interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax returns subsequent to the filing of application of maintenance cannot be considered for determining interim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Allegation that wife leads adulterous life is required to be proved by leading cogent evidence - Mere production of photographs that too before High Court will not suffice to assert that wife leads adulterous life and therefore she is not entitled to maintenance - Wife rightly awarded..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings u/s 498-A IPC - Proceedings cannot be quashed merely on the ground that Family Court in a proceeding u/s 125 Cr.P.C. has held that informant is not the wife of accused when FIR and statement of witnesses disclose about marriage which need to be established during..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of second complaint - Offence u/ss 499, 500 IPC - First complaint dismissed being barred by S.499 Fourth exception IPC - Revision filed thereagainst was withdrawn - This order cannot be construed to have permitted appellant to file a second complaint on identical set of facts - Second complaint rightly quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Victim was just above 17 years - Consent if any pales into insignificance - Even if consent is presumed, willingness was absent as indicated by medical examination report of victim - Act was resisted by..........
Criminal Procedure Code, 1973, Section 439, 438 -- Application to treat anticipatory bail granted by Court as a regular bail - Anticipatory bail granted by Court which extends till conclusion of trial - Impugned order of rejecting application without giving any reason is perverse and liable to be set aside - Matter remanded back to Court below for fresh decision...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 27A, 29, 36A -- Contraband - Challan presented without FSL report - Contention that report of FSL form very foundation of case of prosecution and is an integral part of challan cannot be brushed aside - Default bail granted...........
Criminal Procedure Code, 1973, Section 173 -- Re-investigation by different agency - No other Court except the Superior/Constitutional Courts is vested with the powers to order reinvestigation or transfer investigation of a case from one agency to another, to secure the ends of justice - In the instant case order passed by Magistrate is without jurisdiction to order..........
Criminal Procedure Code, 1973, Section 482, Ranbir Penal Code, 1989, Section 420, 467, 468, 471 -- Quashing of FIR - Cheating - Case required further investigation having regard to serious allegations that one of accused as abetted by others had managed fake certificate fraudulently and succeeded to manage job in Police Organization - FIR cannot be quashed...........
