Criminal Procedure Code, 1973, Section 125, 407 -- Maintenance petition by wife - Transfer of petition - Petition filed by wife at Amritsar - Wife an Advocate by professional and she a member of District Bar Association, Amritsar - Grievance of husband is that no lawyer is accepting his brief - Husband and his counsel were threatened by Advocates representing wife -..........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Maintenance - Default in payment - Issuance of no, bailable warrants - Magistrate has no jurisdiction to issue warrant of arrest straight way against husband liable for payment of maintenance allowance in event of no, payment of maintenance allowance within time fixed by Court without first levying amount due as fine..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, 506, 387, 452, 327 -- Compromise - Offence u/ss 323, 506, 387, 452, 327 IPC - Compromise allowed for offence u/ss 323, 506 IPC - However, trial Court refused to attest compromise for offence u/ss 387, 452, 327 IPC as same are not compoundable - Since there is no possibility of conviction..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 469, 294, 120B, 201, 384, Information Technology Act, 2000, Section 66D, 67, 67A, 67E -- Cancellation of bail - Complaint regarding misuse of concession of regular bail/anticipatory bail not filed with the police authorities - Affidavit of DSP regarding details of investigation carried out..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Compromise - Parties have settled their dispute amicably - Complainant does not want to press charges levelled in the FIR - It is thus, a fit case where to quash FIR - FIR quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea taken by husband that his income is on lower side is not substantiated or proved by him - Amount of maintenance as determined by Family Court @ Rs.1000 pm is too meager, particularly when wife has no independent source of income - Even otherwise, determination made was not correlated with actual..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Admittedly,`K' and `S' were owner of land - `SK' claimed that `K' and `S' executed collaboration agreement which is claimed by complainant to be forged document - Moreover, `SK' executed agreement for allotment of flat..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Kidnapping and rape - Parties settled their disputes and entered into compromise - However, offence u/s 376(2)(n) IPC is no, compoundable offence, as offence is not personal in nature and it would affect society - Having regard to nature of..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Defamation - Question of applicability of Exceptions of S.499 IPC as well as all other defences that may be available to accused will have to be gone into during trial of case - Prima facie words spoken by petitioner to Manager of hotel are defamatory to..........
Criminal Procedure Code, 1973, Section 311 -- Re-examination of I.O and examination of additional three witnesses - Court below while allowing application for re-examination of I.O not discussed relevance of witness and necessity to examine I.O - Non-speaking order passed by trial Court - Order to extent of allowing re-examination of I.O set aside - However, as regarding..........
