Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Mechanical recording submission of counsel for the accused and noting the protest of counsel for the State, bail granted by holding "in view of the aforesaid", can hardly reflect application of judicial mind by Court - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 433, 433A, 432(7) -- Pre-mature release - To be considered in terms of policy where crime was committed and not the State where the trial was transferred and concluded...........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance - Recovery of arrears - Application for recovery of arrears is maintainable only to extent of one year prior to filing of application...........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance - Recovery of arrears - Maintenance holder cannot be permitted to accumulate maintenance for a period more than 12 months and as such no application for execution of maintenance order can be entertained for a period exceeding 12 months immediately preceding the date of application...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- - Cancellation of bail - Kidnapping and rape - Cancellation of bail sought on the ground that accused was declared proclaimed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Qualified wife - Wife even if well qualified, is not dis-entitled from claiming her legal maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is employed as JBT teacher and getting a handsome salary of Rs.60,000 pm - He is an able bodied man - Order granting interim maintenance of Rs.10,000/- to wife is proper...........
Criminal Procedure Code, 1973, Section 397, 125 -- Revision - Order of rejection of application u/s 125 Cr.P.C - Court below passed erroneous order by considering income of husband as Rs.30,000 only - Whereas, Husband admitted his salary as Rs.47,000 p.m - Finding runs against the record and not in accordance with law - Revisional Court has ample power to correct order and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Specific averment of dowry demand as well as cruelty has been made by wife in her statement and in her application - Wife stated that her in-laws had mentally tortured and thrown her from house, therefore she was living in her parental home - Since salary of husband is Rs.47000/- p.m, maintenance @..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Muslim wife is entitled to maintenance u/s 125 Cr.P.C once she had taken resort to proceeding u/s 125 Cr.P.C. notwithstanding availability of alternative remedy provided under Muslim Women (Protection of Rights on Divorce) Act, 1986...........
