Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Salary of husband is Rs.40,000 per month which is corroborated by his Bank statements - Considering the totality of circumstances and husband's financial situation with no specific details of expenses of wife proved, quantum of maintenance is hereby modified to Rs.10,000 per month to wife and..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C. is discretionary power of Court and no party can claim it as of its right...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If there is no substantive material and genuine reasons disclosed in application u/s 311 Cr.P.C. invoking power of Court under said provision and only to mention therein that since some very relevant questions were leftover inadvertently which are necessary to bring on record the witnesses may be recalled..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application only mentions that evidence of PWs 1 to 5 is completed but some relevant and necessary questions are left over to be asked - Indubitably this is a vague application which nowhere mentions as to what significant questions are left over to be asked in cross-examination of said witnesses who are..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Merely because convicted person filed an appeal challenging his conviction, Court should not suspend operation of conviction and Court has a duty to look at all aspects including ramifications of keeping such conviction in abeyance...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant has been convicted for charges u/ss 304, 307, 504 IPC and S.25 of Arms Act, which is not connected with his position as Clerk, nor it is an offence relating to moral turpitude - In case an order suspending conviction and sentence is passed, it would not violate any..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Mere fact that application u/s 216 Cr.P.C. has been preferred by complainant does not by itself, render it non-maintainable...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Complainant cannot claim as a matter of right to seek alternation of charges before Court - However, if such an application is filed by complainant, Court can consider it on its own merits..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Quashing of proceedings - Plea of false implication - FIR and material on record revealed commission of offence u/s 307 IPC and intention to kill informant - Even, at stage of summoning it cannot be ascertained who fired with firearm in group of 16 persons - Proceedings..........
Jammu and Kashmir Criminal Procedure Code, 1860, Section 482 -- Quashing of proceedings - Pretrial stage - Power u/s 482 Cr.P.C. should not be used in routine manner at pretrial stage - It has to be used sparingly only in appropriate cases where it manifestly appears that there is legal bar against institution or continuance of proceedings or where allegations made in FIR..........
