Criminal Procedure Code, 1973, Section 482 -- Recall of order - Exercise of inherent powers is not limited to a separate application filed u/s 482 Cr.P.C and such power can be exercised by Court in any proceeding before it to make such orders as may be necessary to give effect to any order under Cr.P.C or to prevent abuse of process of any Court or otherwise to secure the..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Court in exercise of its inherent powers recognized u/s 482 Cr.P.C, can recall an order passed in any case ex-parte upon sufficient cause being shown for non-appearance when the case was decided - However, in exercise of inherent powers a Bench of High Court cannot interfere in any order passed by another..........
Criminal Procedure Code, 1973, Section 482 -- Recall of ex parte order - For seeking recall of an ex parte order passed in a revision, petitioner should approach same Court by filing an application for recall of order and a separate application u/s 482 Cr.P.C cannot be entertained for this purpose - Application dismissed...........
Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 498A, 323, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Dispensing with personal attendance of accused - Cruelty - Dowry demand - Allegations against husband and his family members - Wife alleged that she was subjected to cruelty in respect of unlawful demand of dowry - There are..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Statutory right of wife and child to receive maintenance cannot be defeated on account of EMIs that husband is paying towards any property...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deductions - EMI of home loan is not a mandatory deduction or liability...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deductions - EMIs being paid by husband towards his ancestral house - Such voluntary financial obligations especially when incurred for ancestral property that does not exclusively belong to petitioner cannot be considered as mandatory deductions while determining..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Delay in payment of arrears of maintenance - Hardship faced by dependent spouse or child is not measured merely by quantum of arrears but by immediate consequences of financial deprivation that even short delays in maintenance can cause...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No document, affidavit or income proof filed to indicate that wife is engaged in any gainful employment or possesses any financial resources of her own - Mere bald assertions made by husband cannot substitute evidence, especially in maintenance proceedings and sustenance of wife and child who are unable to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Minor girl child is residing with wife - Husband claimed that he is paying Rs.5500 as school fees of child, which was not considered by Family Court - Even, wife has not claimed in his affidavit that she is paying school fees of child - Said amount ought to have been taken into account while..........
