Criminal Procedure Code, 1973, Section 127, 125 -- Maintenance to wife and minor children - Enhancement of - Husband stated that wife is doing business of vegetables and earning about Rs.7,000 to 8,000 pm - Children of parties are minor and even if assuming that wife is doing some business, husband cannot avoid his responsibility to maintain his wife and minor children -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 141, 147, 283, 149 -- Quashing of proceedings - Unlawful assembly - Independent witness not gave any indication of procession turned disorderly - Procession caused obstruction to vehicles and pedestrians - None of leaders or workers were arrested and removed - There is nothing to show from records..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Offence u/s 3(1)(r) - As per FIR, abusing the informant took place within four walls of building - Even, there was no member of public (not merely relatives or friends) at the time of incident in the house -..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Offence u/s 3(1)(r) - As per FIR, abuse took place within four walls of building - In the list of witnesses, certain witnesses are named but it could not be said that those were the persons present within the..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge-sheet - Offence u/s 3(1)(r) - Parties litigating over possession of land - Allegation of hurling of abuses is against person who claims title over the property - If such person happens to be a Scheduled Caste, offence..........
Criminal Procedure Code, 1973, Section 144(2) -- Proceedings u/s 144(2) Cr.P.C - Status quo order - Executive Magistrate did not pen down any observation as to his objective satisfaction to the effect that if any restraint order is not passed, there would be serious breach of peace between parties in respect of suit properties - Without such observation prima facie..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 313, 314, 316 -- Quashing of FIR - Offence u/ss 313, 314, 316 IPC - Considering gravity of offences and nature of allegations of aborting the female child and consequential loss of life of expecting mother does not call for interference u/s.482 Cr.P.C. for quashing of FIR - Power u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Overlapping jurisdiction under different Acts - If maintenance is awarded to wife in a..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Quantum of maintenance - Criteria - (i) There is no straitjacket formula for fixing quantum of..........
