Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance - Application u/s 125 Cr.P.C. or u/s 12 D.V. Act or an application u/s 24 Hindu Marriage Act - Affidavit of assets and liabilities - Specific order should be passed asking parties to file affidavit of disclosure..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision of O.8.R.1 CPC is discretionary and trial Court in exercise of discretion may permit the defendant to file written statement even after the statutory period of 90 days, as provided by O.8.R.1 CPC - Discretion has to be exercised reasonably for advancement of justice...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Divorce proceedings - Application filed by defendant/wife u/s 24 of Hindu Marriage Act for litigation expenses remained pending for no fault of defendant - Matter was sent for mediation and reconciliation which ultimately failed and immediately thereafter, defendant moved an..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Custodial death - Stricter approach has to be adopted while dealing with question of granting bail in custodial death cases where police officials are arraigned as accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 330, 331, 218, 120B, 34 -- Bail - Murder - Custodial death - Offence in question is grave and serious in nature - Accused enlarged on bail within 1-1/2 years of his detention - High Court committed error by granting bail to accused - Order granting bail set aside...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time and default bail - If two applications are filed on the same day, no bail can be granted unless the prayer for extension of time is rejected...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time for investigation and default bail - Consideration of two application together does not arise in case application by accused for default bail has already been made, at least a day before the application for extension is filed...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time for investigation - Mere filing of application seeking extension of time is not enough - Application must disclose the progress in investigation and also specific reasons for detention of accused beyond ninety days - If the application does not disclose these requirements, accused has to be..........
Criminal Procedure Code, 1973, Section 167 -- Extension of time for investigation - Oral request for extension is permissible...........
Indian Penal Code, 1860, Section 420, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute of civil nature - Dispute between parties settled - Criminal proceedings is nothing but an abuse of process - FIR quashed...........
