Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - At the stage of interim maintenance, a detailed trial or adjudication on actual income is neither warranted nor possible - Prima facie assessment is to be made on basis of pleadings, affidavits and such material as may be available on record...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While right to fair opportunity and adherence to natural justice are essential, technical delays or procedural lapses cannot defeat the very purpose of provision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - An able-bodied person cannot shirk his responsibility to maintain his wife and children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Mere fact that wife herself is qualified and capable of earning does not absolve husband from his statutory duty u/s 125 Cr.P.C., particularly in respect of child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband has admitted in his affidavit to having a share in certain ancestral properties from which rental income is derived - Even if husband contends that income is received by his mother and that his share is minimal, it is also established that he resides in a joint family setup and is not..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Unnatural offence - When testimony of victim or complainant are not trustworthy nor find corroboration from medical evidence, delay in lodging FIR also assumes significance...........
Criminal Procedure Code, 1973, Section 482 -- Second quashing petition - Second quashing petition raised on the grounds which were available to accused at the time of adjudication of first quashing petition - Failure of accused to raise a pertinent ground which was tangibly available to them at the time of adjudication of first quashing petition in no circumstance grant a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 387, 427, 452, 504, 506, 143, 147, 149 -- Anticipatory bail - Offence u/ss 323, 387, 427, 452, 504, 506, 143, 147, 149 IPC - Allegations against accused are grave in nature - There was an imminent need for custodial investigation of accused - Apparently, incident recorded in FIR was a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Income - Income tax return of an individual cannot be considered as conclusive proof of his income as primarily return is based on information provided by tax payer himself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Income - Court often look beyond I.T. returns while determining income of a person, especially in proceedings such as maintenance cases...........
