Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband getting net pay of Rs.55,000/- in the year 2017 as net pay and also getting agriculture income - Wife entitled to maintenance of Rs.12,000/- per month...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Certificates Exh.14 & 15 as well as evidence of husband himself staying at different places with wife for a certain period clearly proves their relations as husband and wife - Wife was deserted by husband by giving mental as well as physical cruelty - Award of maintenance of..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 306 -- Default bail - Offence u/s 306 IPC - Challan not presented within statutory period of 90 days - Accused entitled to default bail in terms of S.167(2) Cr.P.C and cognizance by Sessions Court u/s 193 Cr.P.C was inconsequential...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 392, 394, 34, 411 -- Suspension of sentence during pendency of appeal - Offence u/ss 392, 394, 34, 411 IPC - Complainant identified accused in Test Identification Proceeding and in his deposition before Court - He had seen accused in unmuffled face in Court - Accused had already spent more than 3..........
Criminal Procedure Code, 1973, Section 311 -- Offence under NDPS Act - Summoning of call details of seizure officer and other police officials alleging that these officials were not present at the place of seizure on the date and time alleged - Summoning of call details is absolutely imperative for fair trial and providing a just opportunity of defence to accused - In..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 460(e) -- Dishonour of cheque - Cognizance taken by Magistrate not empowered to take cognizance - Held, it will not vitiate the proceedings, as cognizance taken in good faith that too erroneously - Matter squarely covered by S.460(e) Cr.P.C...........
Indian Penal Code, 1860, Section 307, 452, 427, 506, 34, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Attempt to murder - Case of no injury, as none is injured in the case - Challan is presented and petitioner is in custody since 2019 - Petitioner is no more required in any further investigation of case - Trial of case may take some time..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Attempt to murder - Whether or not accused were acting in their right of private defence, would have to be adjudicating by trial Court while appreciating evidence collected at the trial, but same cannot be considered at this premature stage...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, 449, 326, 325 -- Suspension of sentence during pendency of appeal against conviction - Murder - Accused named in FIR but not charge sheeted by investigating agency and was summoned as an additional accused - There are manifest loopholes in prosecution case regarding recording of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Anticipatory bail - SIT came to a conclusion that no such incident of alleged molestation had taken place and according police prepared cancellation report - Present petition is thus rendered infructuous - Police authorities are at liberty to proceed against prosecutrix for..........
