Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere earning of wife does not ipso facto renders her ineligible to get maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Nothing on record to show that wife is sufficiently earning to maintain herself in the same status and strata with husband and husband has not adduced any positive evidence to that effect - Since it is obligation of husband to maintain his wife, he cannot be permitted to take plea that he is unable to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband had been sacked from his job due to his default i.e. irregularity - He is not being disabled person cannot remain unemployed unless he chooses to remain so and this is his willful act/decision which does not come within the purview of not "having sufficient means" to maintain wife - Decision of..........
Indian Penal Code, 1860, Section 420, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cheating - Quashing of proceedings - Matter is essentially of civil nature and is liable to be settled on the basis of evidence of parties in civil proceedings - No case of cheating appears to be made out against applicant - Criminal prosecution is nothing but an abuse of..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to unmarried major daughter - S.125 Cr.P.C. does not have provisions for maintenance to a major daughter, even if she is unmarried...........
Criminal Procedure Code, 1973, Section 125, 127 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.144, 146) - Maintenance to children - Enhancement of - Petitioners are legitimate children of respondents - They are not suffering from any physical or mental abnormality or injury so as to render them incapable to maintain - Petitioners were legally entitled for maintenance..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Where there is failure to put material circumstances fairly and distinctly to accused, it causes prejudice and vitiates reliance placed on such circumstances - Said defect strikes at a valuable statutory right of defence of accused...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Allegation that accused was entrusted with provident fund deductions of employees and had dishonestly misappropriated or converted the same, thereby attracting mischief of offence u/s 406 IPC - However, entrustment has not been proved - None of employees examined alleged misappropriation or withholding of..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - No allegation of connivance between appellant and accused nor that he had instigated or helped accused in any manner, not to appear - Appellant being poor person and penalty of Rs.50,000 was on higher side - Amount of penalty reduced from Rs.50,000 to Rs.10,000...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that appellant had dishonestly used a fake NOC from Fire Department to obtain recognition/renewal of affiliation to run educational institution - However, NOC from Fire Department was not necessary for recognition/renewal of affiliation of educational institutions..........
