Criminal Procedure Code, 1973, Section 125, 127 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.144, 146) - Maintenance to children - Enhancement of - Petitioners are legitimate children of respondents - They are not suffering from any physical or mental abnormality or injury so as to render them incapable to maintain - Petitioners were legally entitled for maintenance..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Where there is failure to put material circumstances fairly and distinctly to accused, it causes prejudice and vitiates reliance placed on such circumstances - Said defect strikes at a valuable statutory right of defence of accused...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - No allegation of connivance between appellant and accused nor that he had instigated or helped accused in any manner, not to appear - Appellant being poor person and penalty of Rs.50,000 was on higher side - Amount of penalty reduced from Rs.50,000 to Rs.10,000...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that appellant had dishonestly used a fake NOC from Fire Department to obtain recognition/renewal of affiliation to run educational institution - However, NOC from Fire Department was not necessary for recognition/renewal of affiliation of educational institutions..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Court may alter or add any charge on its own or on an application moved by parties concerned - But such powers can be invoked by Court suo-moto, meaning thereby that power u/s 216 Cr.P.C. is exclusive to wisdom of Court concerned and no party can claim alteration in the charges, as a matter of right...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.302, 307 IPC to Ss.304, 308 IPC - Nature of injuries which are reported in post-mortem report co-related with FIR - Trial Court while alerting the charge has gone into records of case i.e. Charge sheet, Chik F.I.R., Tahrir, Injury Report, Inquest Report including post-mortem report, Site plan and..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - While framing the charge, it is expected from a trial Judge to exercise his judicial mind to determine that as to whether a case for trial has been made out or not and while undertaking such proceedings, Court is not supposed to hold a mini trial by marshalling facts and evidence on record - Infact, if..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Appellant and his counsel diligently and sincerely attended Court on multiple occasions - Merely on few occasions, if both are absent that by itself would not be sufficient to pass order of dismissal for non-prosecution and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 357A -- Aggravated penetrative sexual assault - Compensation to victim - Guilt of accused proved - Having regard to age of victim at the time of offence i.e. 11 years, nature of abuse she has been visited with and constitutional obligation to provide meaningful redress,..........
