Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Fraud if any whether perpetrated at the first instance of valuation, or later is a matter which could be unearthed only after a trial based on evidence led by parties - But, as of now in no circumstances, it can be said that no prima facie case..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Income of father is many times higher than income of mother - Responsibility of a parent to maintain his minor child is unqualified and without any exception - Child is thus, entitled to seek maintenance from his father according to his need, his educational qualification and personal needs commensurate to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife had shown sufficient reason to live separately from her husband, as husband physically harassed wife and drove her out of matrimonial house along with child - Maintenance rightly granted to wife by Magistrate...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Bald allegations made by complainant against accused without mentioning any specific incident - No incriminating material found by prosecution or produced by complainant to substantiate the ingredient of cruelty u/s 498A IPC - Complainant failed to produce medical..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Divorce decree - Where parties have moved on with their respective lives, it would be unjust and unfair to compel accused to go through tribulations of trial - Order of discharge by trial Court upheld...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 468 -- Cruelty - Time barred complaint - Commutation of limitation period - Offence committed on 8-9-1999 and complaint filed on 3-7-2002, therefore complaint lodged within period of 2 years and 10 months - Complaint held not barred by limitation...........
Criminal Procedure Code, 1973, Section 399, 482 -- Revision and Inherent jurisdiction - Scope - While exercising power u/Ss. 399, 482 Cr.P.C. Session Court and HC must delve into the material on record to assess what complainant has alleged and whether any offence is made out, even if allegations are accepted in toto...........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property u/s 102 Cr.P.C - Any police officer can seize any property which is either stolen property or found under circumstances which create suspicion of commission of any offence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Voluntarily relinquishing right to maintenance - It does not prohibit wife from later claiming maintenance if circumstances change and she becomes incapable of maintaining herself...........
Criminal Procedure Code, 1973, Section 125, Divorce Act, 1869, Section 37 -- Maintenance to wife - Relinquishment of right to future maintenance - Wife can claim maintenance, even when she has waived her right to future maintenance by an agreement, by establishing that benefits she received in lieu of maintenance are no longer sufficient for her livelihood due to change in..........
