Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Appeal - Order passed u/s 340 Cr.P.C - Appeal arising from an order issued u/s 340 Cr.P.C by Family Court should be filed in accordance with S.19 of Family Courts Act, specifically before Division Bench of High Court - S.19 of Family Courts..........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 341, 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Appeal - Order passed u/s 340 Cr.P.C - S.19 of the Act, contains a non-obstante clause therefore, it will prevail over S.341 Cr.P.C. so far as forum and limitation are concerned - Family Courts Act is a Special Act and Cr.P.C. is a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso - Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of Negotiable Instruments Act is entitled to maintain an appeal against acquittal even without seeking leave of Court...........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition filed u/s 12 of Hindu Marriage Act - Wife has been residing separately and depending upon mercy of her parents at Rajahmundry - She has instituted two criminal cases against husband in Rajahmundry and also filed a Domestic Violence Case and same are pending for adjudication and husband also attending the Court..........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378 - Appeal against acquittal - An appeal against an order of acquittal in a proceeding preferred by complainant squarely falls within ambit of S.372 Proviso Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Suffering sentence in default of payment as a probable consequence does not relegate husband's responsibility to pay maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere earning of wife does not ipso facto renders her ineligible to get maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Nothing on record to show that wife is sufficiently earning to maintain herself in the same status and strata with husband and husband has not adduced any positive evidence to that effect - Since it is obligation of husband to maintain his wife, he cannot be permitted to take plea that he is unable to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband had been sacked from his job due to his default i.e. irregularity - He is not being disabled person cannot remain unemployed unless he chooses to remain so and this is his willful act/decision which does not come within the purview of not "having sufficient means" to maintain wife - Decision of..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to unmarried major daughter - S.125 Cr.P.C. does not have provisions for maintenance to a major daughter, even if she is unmarried...........
