Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Liability to pay maintenance granted u/s 125 Cr.P.C is of a continuing nature and husband cannot be allowed to take advantage of efflux of time and shrug off his responsibilities...........
Criminal Procedure Code, 1973, Section 128, 125, 127 -- Enforcement of order passed u/s 125 or S.127 Cr.P.C - Territorial jurisdiction - Order passed u/s 125 Cr.P.C or S.127 Cr.P.C can be enforced by Executing Court even if party against whom such order is made resides outside its jurisdiction...........
Criminal Procedure Code, 1973, Section 125, 128 -- Maintenance to wife - Husband cannot be absolved from paying arrears of maintenance due towards wife even if at times their daughter is taking care of wife - It is the legal and moral duty of husband to maintain his wife - Maintenance @ Rs.10,000 pm rightly granted and it would be in the interest of justice to execute the..........
Criminal Procedure Code, 1973, Section 125, 362 -- Dismissal of petition for non prosecution - Recall of order - Embargo contained u/s 362 Cr.P.C is relaxed in proceedings u/s 125 Cr.P.C - Court having not become functus officio after passing of final order as such recall application filed seeking restoration of case u/s 125 Cr.P.C, cannot be rejected by assigning a reason..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, only averments made in plaint and documents produced along with plaint are required to be seen - Defence of defendant cannot be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Plaint discloses cause of action which must be tried for substantial justice between parties - Success of cause of action is a matter of trial - Application rightly dismissed...........
Indian Penal Code, 1860, Section 447, 427, 294, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 447, 427, 294, 506, 34 IPC - Quashing of FIR - Complainant was not sure about the date of commission of alleged offences - No reason given for delay of 39 days in lodging FIR - Allegation levelled by complainant that accused demolished the boundary wall..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Bail - Cheating - Accused is in custody since 7.3.2024 for more than 2 months and further incarceration of accused would be violation of his rights u/art 21 of Constitution, as trial is likely to take some time - Entire evidence of case is documentary in nature and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is having sufficient means of source of income, as he is working in Saudi - Whereas, wife is unable to maintain herself - Wife is entitled to socio-economic status as per financial status of her husband - Maintenance @ Rs.5000 rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Order passed u/s 125 Cr.P.C. - Order may be final or interim, can be recalled or altered u/s 127 Cr.P.C. - It falls in the category of exceptional cases - Bar of S.362 Cr.P.C. is not applicable to such cases...........
