Criminal trial -- Material omissions and discrepancies - Depends upon facts and circumstances of each case - Material omissions and discrepancies have to be answered by the prosecution and non explanation creates a serious doubt about the truthfulness and credit worthiness of the investigation - Some of the material omissions in the instant case are : (a) Deceased was..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Husband failed to place on record any material/evidence regarding income of wife from her vocation as beautician - Husband on the other side gainfully employed with Rajya Sabha secretariat - Net salary of husband is Rs.37,415 p.m - No anomaly with assessment regarding quantum of maintenance of Rs.6,000..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife unable to maintain herself - Whereas, husband is the person of sufficient means and getting pension of Rs.36,391 p.m after retirement - Looking to the cost of living, standard of living, age of wife and her medical needs amount of Rs.1,500 p.m as granted by Family Court cannot be said to be reasonable amount..........
Indian Penal Code, 1860, Section 392, 397 -- Robbery - Informant PW3, did not know the accused persons before the occurrence - Name of accused persons was told to PW3 by witnesses - No test identification parade of accused persons was held during investigation - Testimony of PW3 as regards identification of accused persons in Court is of no help to prosecution and the same..........
Constitution of India, 1950 -- 73rd and 74th Amendment - Entry 5 in the list-II to the VIIth Schedule, Arts.243G, 243W and 243ZF, 243ZD and 243N r/w S.7, Chhattisgarh Zila Yojna Samiti Act, 1995 - District Planning Committee (DPC) enjoined with duty to framedraft development plan for the district - Chief Executive Officer of Respondent No. 2-RDA not permitted to..........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to children - Respondents were living separately from their father along with their mother - Admittedly, respondents are students and having no source of income as salary of their mother is not sufficient to meet living and their educational expenses - Petitioner/father on the other hand getting Rs.21,144 p.m -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Monthly gross salary of husband Rs.61,000 after deductions in the nature of Provident fund, gratuity, medical insurance and company incentives - Said deductions cannot be discarded while assessing the income of husband for the purposes of grant of maintenance to wife and son - It would be safe to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Application to take on record original rent receipts showing rate of rent - Explanation given by petitioner that documents were given to previous counsel, who failed to file it, does not appear to be mala fide, as no, filing of such documents was to the disadvantage of..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Reduction of sentence - Accused `M' 80 years of age and he has age related medical problems also - Nature of injury inflicted upon victim has not resulted in any major physical disability or reduced his life span - Sentence reduced from 5 years R.I to 6 months with Rs.1 lakh as fine and out of which Rs.75,000..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Enhancement - Liability of husband to pay installments by obtaining various loans etc. is no reason to deny maintenance to wife - Maintenance enhanced from Rs.8,500 to Rs.12,000 p.m from the date of passing of impugned order...........
