Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Perjury - In every inquiry u/s 340 Cr.P.C./S.379 BNSS, Court is not bound to make a complaint regarding commission of an offence referred to in S.195(1)(b) Cr.P.C., as S.340 Cr.P.C. is conditioned by words "Court is of opinion that it is expedient in the interests of justice"...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Merely because husband has certain familial obligations would not absolve him of his primary responsibility to maintain his legally wedded wife...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and minor son - Maintenance enhanced by Family Court from Rs.3500 to 8000 p.m in favour of wife and from Rs.1500 to 4,000 p.m in favour of minor son - Family Court appears to have exercised its discretion judiciously while determining enhanced amount of maintenance - Income of husband as stated to be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Mere earning of wife does not disentitle her from maintenance - Decisive test is whether such income is sufficient to enable her to maintain herself with dignity...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is a qualified medical professional possessing skills and expertise of a radiologist and had previously been gainfully employed for several years - Her professional qualifications and past employment clearly demonstrates that she has substantial earning capacity and is capable of engaging herself in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is a qualified medical professional possessing skills and expertise of a radiologist and had previously been gainfully employed for several years - Held, considering salary of husband, professional qualifications and earning capacity of wife, maintenance reduced from Rs.18,000 to 12,000 p.m from date..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Restoration of petition filed u/s 12 of the Act dismissed in default - Magistrate possesses implied power to restore a petition filed under the Act, which was dismissed in default, as proceedings under the Act are civil in nature - S.362 Cr.P.C. cannot be a bar for exercising such power in the process of..........
Indian Penal Code, 1860, Section 306, 506, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide note - Quashing of proceedings - Deceased committed suicide on account of depression for not being able to clear debt - Suicide note indicts as many as 9 accused without specifying role of any one of them - There is no material to indicate that deceased..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is presented before Court within statutory period, mere return of same during scrutiny for compliance of certain procedural defects cannot be construed to mean that charge sheet was not filed within time...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once a charge sheet is filed within prescribed period, right to statutory bail u/s 167(2) Cr.P.C. does not accrue...........
