Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by daughter - Paternity - Burden of proving - There is no dispute that petitioner No.1 is legally married wife of respondent - Held, burden of proving paternity of petitioner No.2 lies on respondent to show that she is not his legitimate child, but he did not take any steps to conduct DNA test to prove the..........
Criminal Procedure Code, 1973, Section 202 -- Inquiry - Has to be a meaningful inquiry and not just an eye wash - Ordeal of facing criminal trial by an accused from far off places tantamounts punishment as such, a greater duty is cast upon the Court before issuing process...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - Duty of Magistrate - Held, it is mandatory duty of Magistrate to examine complainant on oath and his witnesses, if any present, at the time of taking cognizance and issuing process to accused, even in cases relating to commission of offence u/s 138..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Differences in sample colours - Trial Court is duty bound to get the difference explained by the prosecution...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Dishonour of cheque - Demand notice returned unserved - Contention of respondent that even if demand notice was returned unserved then after receiving summons of complaint it was primary duty of accused to make payment of cheque - But instead of doing so,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Duty of husband to maintain his wife - Held, it is settled law that a healthy and able-bodied person is bound to maintain his wife irrespective of the fact whether he has any worldly means of earning or not - In present case, husband is an adult person and is not suffering from any physical ailment - In these..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257, 321 -- Dishonour of cheque - Complaint - Withdrawal of Duty of Magistrate - Held, Magistrate has to record his satisfaction regarding good grounds for withdrawal of complaint i.e. fulfillment of pre-condition for withdrawal upon summary enquiry either with complainant or with accused..........
Prevention of Corruption Act, 1988, Section 7, 12, 13, 19, Indian Penal Code, 1860, Section 120B, 468, 471, Criminal Procedure Code, 1973, Section 197, 239 -- Offence u/ss 7, 12, 13(2) of Prevention of Corruption Act and Ss.120-B, 468, 471 IPC - When a specific plea as to sanction u/s 197 Cr.P.C. is raised in a petition for discharge, Special Judge is duty bound to advert..........
Criminal Procedure Code, 1973, Section 197, 239, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Charge - When at the stage of framing charge there is material to indicate that alleged acts were done or purported to be done in discharge of official duty but by abusing the position held by the accused as public servant, the plea of discharge on the basis of..........
Civil Procedure Code, 1908, Section 100 -- Substantial question of law - Formulation of - Substantial question of law not framed at the time of admission of present appeal - Held, High Court can formulate question of law as contemplated u/s 100 of CPC at any point of time before hearing of appeal, even without amending the grounds of appeal - It is the duty of Court to..........
