Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during pendency of an appeal from a..........
Criminal Procedure Code, 1973, Section 125, 127, 362 -- Maintenance - Alteration or review of maintenance order - Magistrate does not become functuous officio after passing an order u/s 125 Cr.P.C. - By S.125(5) Cr.P.C. Magistrate is expressly empowered to cancel an order passed u/s 125 Cr.P.C. on fulfillment of certain conditions - S.127 Cr.P.C. empowers Magistrate to..........
Criminal Procedure Code, 1973, Section 125, 362 -- Maintenance - Parties settled the matter amicably - Maintenance petition disposed of - Recall of order as respondent did not honour its commitment under settlement - Order reviving maintenance application - Order passed is not hit by S.362 Cr.P.C. - Rejection of application, by High Court, filed by husband u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Discharge - Illegal gratification - Demand of bribe was backed by a false bill in respect of a work already executed by another - Uncontroverted allegation establishes offence prima facie - A grave suspicion is disclosed from detection of tainted money after trap..........
Criminal Procedure Code, 1973, Section 173(5) -- Production of documents - Documents which are prepared during investigation but could not be attached with report u/s 173 Cr.P.C, can be placed on record in terms of S.173(5) Cr.P.C...........
Indian Penal Code, 1860, Section 363, 376(2)(n), 377, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Prosecutrix has turned hostile and did not support prosecution version - Petitioner is in custody since 2019 - Trial of case is likely to take some..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Kidnapping and sexual assault - Applicants are parents of A-1 - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - In exercise of powers u/s 482 Cr.P.C, criminal proceedings are not to be quashed where offence is heinous in nature - Proceedings can only be quashed where issue is overwhelmingly and predominantly of civil profile arising out of commercial, financial, mercantile and civil or matrimonial..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 186, 333, 353 -- Quashing of proceedings - Compromise - Offence u/ss 186, 333, 353 IPC - Compromise entered into between parties - Offences in question are not heinous offences or serious offence of mental depravity, nor it involves offence covered under Prevention of Corruption Act - Chances of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband getting income from agriculture - Withholding of information about agricultural land and income from agriculture - Adverse inference has to be drawn that husband is not disclosing his income correctly and is trying to withheld certain information...........
