Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Wife was harassed and humiliated by husband and was turned out of matrimonial home - Husband is an able bodied man and has sufficient means to maintain his wife and son - Legal and moral obligation of husband to maintain his wife and child cannot be disputed - Maintenance @ Rs.5000/- p.m rightly..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition to deposit Rs.2.00 lakh as compensation to the victim - Compensation can hardly be determined at the stage of grant of bail - Such direction cannot be sustained...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition to deposit of Rs.2 lakh each as compensation to victims - Compensation can hardly be determined at the stage of grant of bail - This condition substituted with condition that accused will not enter geographical limits of Amreli for a period of 6 months except for marking presence before concerned..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclaimed offender - For purposes of an anticipatory bail, there is no distinction between a proclamation u/s 82(1) Cr.P.C and S.82(4) Cr.P.C - Proclaimed offender also includes an offender or a proclaimed person against whom a proclamation u/s 82(1) Cr.P.C has also been issued...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, 34 -- Second anticipatory bail application - Cheating - Proclamation u/s 82 Cr.P.C already issued against accused - Contention of accused that accused can be declared as proclaimed offender only in terms of S.82(4) Cr.P.C, rejected, as procedure adopted u/s 82(4) Cr.P.C is not different..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Second appeal arising out of civil suit pending wherein Court has directed the parties to maintain status quo - Proceedings quashed - Mustard crop seized or handed over to the receiver ordered to be returned back in a proper condition - If crop seized is not available then SDM shall be personally..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of PWs for further cross-examination - Rape case - PWs cross-examined in length and detail - They are thus, duly examined - Compromise was already in effect and in knowledge of accused - Recalling PWs already duly examined is nothing but an effort to delay the entire trial and to fill up lacuna which cannot be..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Even though there is some technical cliches regarding presentation of complaint in the sense that complaint has not been initiated by a Director of company acting on behalf of company but by an employee of company,..........
Criminal Procedure Code, 1973, Section 110(G), 111, 482 -- Notice u/ss 110(G), 111 Cr.P.C - Quashing of notice - Notice contains a bare recital that there is apprehension of commission of cognizable offence - Notice does not contain full substance of information given by concerned police officer - Magistrate has not acted judiciously while issuing impugned notices - Even,..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - On basis of parity - Parity while granting bail must focus upon role of accused...........
