Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Order passed u/s 340 Cr.P.C - Appeal - If an order u/s 340 Cr.P.C. is passed by a civil Court, revenue Court or criminal Court, appeal would lie on respective side to appellate Court, even though provision for conducting an enquiry and filing a complaint for giving false..........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Order passed u/s 340 Cr.P.C - Is not interlocutory but a final order...........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Proceeding u/s 340 Cr.P.C. is neither criminal nor civil but can be termed as quasi-criminal...........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Appeal - Order passed u/s 340 Cr.P.C - Appeal arising from an order issued u/s 340 Cr.P.C by Family Court should be filed in accordance with S.19 of Family Courts Act, specifically before Division Bench of High Court - S.19 of Family Courts..........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 341, 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Appeal - Order passed u/s 340 Cr.P.C - S.19 of the Act, contains a non-obstante clause therefore, it will prevail over S.341 Cr.P.C. so far as forum and limitation are concerned - Family Courts Act is a Special Act and Cr.P.C. is a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso - Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of Negotiable Instruments Act is entitled to maintain an appeal against acquittal even without seeking leave of Court...........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition filed u/s 12 of Hindu Marriage Act - Wife has been residing separately and depending upon mercy of her parents at Rajahmundry - She has instituted two criminal cases against husband in Rajahmundry and also filed a Domestic Violence Case and same are pending for adjudication and husband also attending the Court..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 413 -- Appeal against acquittal - Appellate Court in criminal appeal against acquittal has to examine that whether finding of Court below is perverse and prima facie illegal - Once appellate Court comes to finding that grounds on which judgment is based is not perverse, scope of appeal against acquittal is limited..........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378 - Appeal against acquittal - An appeal against an order of acquittal in a proceeding preferred by complainant squarely falls within ambit of S.372 Proviso Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Suffering sentence in default of payment as a probable consequence does not relegate husband's responsibility to pay maintenance...........
