Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband resigned from his job two times, which shows that he has adequate financial banking - Contention of husband that wife is earning, rejected in absence of any document to fortify the claim set up by him - More so, husband filed a petition u/s 13 of Hindu Marriage Act, which shows that it is..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Offence by company - When cheques were issued on behalf of company, without arraying company as accused, proceedings cannot be initiated against accused in their individual capacity - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Evidence of hostile witness is not to be considered at the stage of hearing on bail application either for or against prosecution case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 436, 323, 324, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(V) -- Bail - Murder - Accused along with co-accused set on fire hutment of complainant resulting into death of 7 years daughter of complainant - He being in knowledge that..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Accused declared proclaimed offender - Matter compromised in proceedings u/s 138 of Act of 1881 - Complaint was withdrawn - Once the case has been withdrawn then continuance of prosecution in FIR u/s 174-A of IPC would be..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Murder case - Prosecution has succeeded in establishing guilt of accused beyond all reasonable doubt - Accused has not placed any material to show that any prejudice was caused to him for reason of defective investigation - Said defective investigation or latches in the investigation does not go to..........
Criminal Procedure Code, 1973, Section 482, 362 -- FIR quashed by High Court - Recall of order - Only clerical or arithmetical errors can be corrected - Court has no power to recall earlier order passed after contest and that too suo moto...........
Criminal Procedure Code, 1973, Section 157 -- Investigation - Mere fact that investigation of case was not conducted by competent authority, such investigation and even filing of charge sheet may not be declared as nullity in the eyes of law in as much as such investigation was completed after recording statement of relevant witnesses and charge sheet was filed, more..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 511 -- Quashing of charge sheet - Offence u/ss 376, 511 IPC - Material available on record indicates that victim had alleged the specific allegation against petitioner as well as his co-accused while recording her statement u/ss 161, 164 Cr.P.C - On basis of such statements and statements..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Where there is no dispute on facts and it is clearly made out from complaint and the appended documents that dishonored cheque issued by accused is admittedly for a consideration which is not a legally enforceable debt or liability, the..........
