Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Striking off pleadings for non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - If one of the parties to the lis is in arrears of payment of maintenance directed to be paid by a competent Court having..........
Criminal Procedure Code, 1973, Section 197, 482 -- Sanction for prosecution - Allegation of preparing false MLR and X-ray report - Not supported and corroborated by any cogent evidence - I.O. no where found that MLR or X-ray report had been falsely prepared - Trial Court has no where given any finding that MLR or X-ray report were falsely prepared - Merely because accused..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Court must explain charges framed against accused person with clarity and precision as possible of matter with which he is charged and convey what prosecution intends to prove against him and of which he is required to clear himself...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At time of framing of charge, entire evidence and materials not required to be screened but Court to judicially consider question of doing so - Court while framing charge, is under obligation to fully advert to materials available on record and not to blindly adopt decision of prosecution...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 452, 341, 323, 324, 325, 326, 307, 34 -- Framing of charges - Offence u/ss 452, 341, 323, 324, 325, 326, 307, 34 IPC - Trial Court did not made any endeavor to examine medical report while framing charge against accused - No reasons for framing charge against accused stated - Even prima facie..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Discharge - Kidnapping and rape - Dispute as to real age of prosecutrix - There is grave suspicion whether on date of occurrence prosecutrix was major or minor - Age of prosecutrix has to be determined as per R.12 of Juvenile Justice Rules, 2007 - Therefore, trial Court..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Ninth bail application - Murder case - Accused spent 7 years in jail as under trial and the manner in which trial is being conducted entitles the accused to grant of bail - All the material witnesses of case examined except one which is not even summoned as a witness - No explanation as to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376, 343, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11(5), (12), 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Anticipatory bail - Kidnapping and rape - Prosecutrix not supported prosecution case - Co-accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - Forged Will - Matter is sub judice in Civil Court regarding genuineness of disputed Will - Institution of criminal proceedings therefore, on the allegation that Will is forged one would be abuse of process of law - Criminal proceedings..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle/article/currency notes u/s 451 Cr.P.C. - Court should pass appropriate orders immediately and articles should not be kept for a long time at the police station...........
