Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Expression "unable to maintain herself" does not mean that wife must be absolutely destitute before she can apply for maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave matrimonial home on account of dowry demands and physical assault - Testimony of wife was supported by her complaint to CAW cell which was proved on record - She has no source of income and does not possess any movable and immovable property - Mere fact that wife having qualified..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Expression `unable to maintain herself' does not mean that wife must be absolutely destitute before she can apply for maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is capable of earning is not a sufficient reason to deny her maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife in her affidavit has stated that she has not been employed and is totally dependent on her mother and brother for maintenance - Husband filed his affidavit of assets, income and expenditure wherein he disclosed that his gross income is Rs.38,500/- p.m. - Rs.8000/- deducted towards expenses shown by..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for further cross-examination - PW5 and PW17 were extensively cross-examined - Witness cannot be called upon to rely on memory after several years - Record is replete with instances which indicate that accused have been attempting to delay proceedings - Trial Court rightly rejecting application of accused for..........
Criminal Procedure Code, 1973, Section 102 -- Immovable property - Cannot be seized u/s 102 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254, 351 -- Dishonour of cheque - Accused failed to lead evidence in defence despite availing 14 opportunities - However, in order to secure ends of justice and provide accused an opportunity of fair trial, he deserve to be granted a single window of three days to lead defence evidence..........
Criminal Procedure Code, 1973, Section 439 -- Bail - High Court kept the bail application pending from August 2018 and instead passed successive interim orders - Such a course that too by a constitutional Court, is wholly unfathomable and must be eschewed - Bail application needs to be dealt with expeditiously and finally one way or other and cannot brook delay - Rejection..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Third anticipatory bail application - Dishonour of cheque - Bail cancelled due to non appearance - Anticipatory bail granted twice but accused chose not to appear - Third anticipatory bail application - No ground to extend said concession for the third time - However, in case..........
