Criminal Procedure Code, 1973, Section 164 -- Statement of victim u/s 164 Cr.P.C - Rape case - Statement of victim recorded u/s 164 Cr.P.C as substantive evidence in chief - This is absolutely in contravention of scope of evidentiary value of a statement u/s 164 Cr.P.C and against principles of examination, cross-examination and re-examination of witness under Evidence Act..........
Criminal Procedure Code, 1973, Section 311, 173(5) -- Summoning of witnesses along with relevant record - Murder case - Witnesses sought to be summoned along with documents in connection with second post mortem of deceased - Although application was filed by Public Prosecutor but it was open for Trial Judge as well to exercise suo moto powers in summoning witnesses, whose..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Comparison of signatures on cheque - Cheque in question had not been returned by bank on account of difference in signatures but on account of insufficient funds - No purpose therefore, would be served in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor son - Father is a government servant and getting salary of Rs.20,000/- pm - Payment of Rs.20,000/- pm to minor son as awarded by Family Court will leave no resources to maintain his other two children and family - (i) Rs.6.64 lakhs paid as arrears shall be treated as full and final payment as of 28.02.2021;..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - House rent allowance does not come in the purview of maintenance allowance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughters - Merely because wife is capable of earning, is not sufficient ground to refuse maintenance to minor daughters...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea by husband that he does not have means to pay or he does not have job or his business is not doing well - These are only bald excuses - In fact, these have no acceptability in law - If husband is healthy, able bodied and is in the position to support himself, he is under legal obligation to support his minor..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 83 -- Quashing of FIR - FIR against child below 12 years - Charge sheet filed before Juvenile Justice Board - Quashing of FIR sought on the ground that FIR could not have been filed as per S.83 of IPC - Petitioner through his legal guardian is thus, allowed to file a suitable application in..........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C - False explanation or non-explanation u/s 313 Cr.P.C can only be used as an additional circumstance, when prosecution has proved chain of circumstances leading to no other conclusion than guilt of accused - However, it cannot be used as a link to complete the chain...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 25A, Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Recovery of 325 gms heroin and 390 gms pseudoephedrine - Accused who was a proprietor of a courier agency was complicit with a foreign national in booking of two parcels containing..........
