Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide after five days of suicide note - No proximate link between suicide note recording harassment allegedly at the behest of petitioner and the extreme step taken by deceased - FIR and charge sheet qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Object of granting maintenance to wife is to ensure that standard of living as enjoyed by wife during marriage is maintained by husband even after the marriage ceases to exist...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Husband availed certain leaves as such certain deductions were from his monthly income - However, such deductions cannot become a part of the baseline in computing maintenance as, in all likelihood, the same will fluctuate over time, owing to very many reasons...........
Criminal Procedure Code, 1973, Section 125, 362 -- Maintenance to wife - Review - Applicability of S.362 Cr.P.C. is relaxed with respect to S.125 Cr.P.C. and that a judgment passed with regard to same, may be altered or reviewed, owing to circumstances which may have changed subsequently...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife is guilty of parental alienation and is in violation of order passed by Apex Court - Contention rejected, as said issue is not subject matter of lis before this Court and any alleged violation of Apex Court order, cannot be a matter of adjudication before this Court...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 255 gms of heroin - When an under trial has been in custody for a significant period of time and trial is being held up for no fault on his part, Court cannot be expected to be a mute spectator and should rather unhesitatingly interfere for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Fine forms part of sentence when Court imposes imprisonment and fine - In such cases, Court has to order payment of compensation from amount of fine as provided u/s 357(1)(b) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - Power of revision available to High Court u/s 401 r/w S.397 is not wide and exhaustive to re-appreciate evidence to have a contra finding...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - If there is non-consideration of any relevant materials or fundamental violation of principle of law, then only power of revision would be made available...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Where evidence sought to be brought on record is essential to the issue involved, powers u/s 311 Cr.P.C. must be invoked...........
