Criminal Procedure Code, 1973, Section 125 -- Maintenance - Only legally married wife is entitled to claim maintenance - Marriage with a man having a living spouse - Marriage is a nullity - Such a wife is not entitled to maintenance u/s 125 Cr.P.C. - Wife not informed about husbands' earlier marriage when she married him is of no avail as rule of estoppel is not applicable..........
Criminal Procedure Code, 1973, Section 473, 468, Indian Penal Code, 1860, Section 498A, 406 -- Offence u/s 498-A, 406 IPC - Limitation - Delayed complaints - Court to construe liberally Section 473 Cr.P.C. in favour of wife who is subjected to cruelty, if on the facts and in the circumstances of the case it is necessary so to do in the interests of justice - When conduct..........
Indian Penal Code, 1860, Section 304B, 304 PartI -- Criminal Procedure Code, 1973, Section 464 - Dowry death - Death did not occur within 7 years of marriage - Offence under Section 304-B not made out - Offence Under Section 304 Part I is made out...........
Criminal Procedure Code, 1973, Section 204, 482 -- Complaint - Cognizance taken - Same cannot be faulted on the ground that Magistrate had not referred the matter to police for investigation under Section 156(3) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 267, 2(h) -- Permission sought to remove accused from judicial custody to policy custody for completion of investigation in another case - Police can seek permission - For this purpose production warrant u/s 267 Cr.P.C. can be issued - Expression 'other proceeding' used in Section 267(1) and 'for the purpose of any proceedings'..........
Criminal Procedure Code, 1973, Section 438 -- Legality of the proposed arrest cannot be gone into in an application under section 438 of the Code...........
Criminal Procedure Code, 1973, Section 195(1)(b) -- Bar contained in Section 195(1)(b)(ii) Cr.P.C. is not applicable to a case where forgery of the document was committed before the document was produced in a Court...........
Criminal Procedure Code, 1973, Section 320, 482 -- Non compoundable offence - High Court can quash proceedings in exercise of power u/s 482 Cr.P.C. as Section 320 Cr.P.C. does not limit or affect the powers u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Indian Penal Code, 1860, Sections 307 and 504 - Summoning of additional accused - Accused named in F.I.R. but not charge sheeted, could be summoned - The term 'Evidence' as used in Section 319 Cr.P.C. does not mean 'Evidence' complete by cross-examination and court can take action under Section 319 Cr.P.C. even on the statement..........
Civil Procedure Code, 1908, Section 100(4)(5) -- Second appeal - Procedure of hearing - Indicating substantial question of Law - Mandatory - High Court proceeded as if deciding first appeal - Mandatory requirements of sub-section (4), (5) of S.100 violated - Impugned judgment liable to be interfered with...........
