Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorce proceedings at the instance of husband was dismissed - Husband was owner of two buses and he is having an income of about Rs.50,000/- p.m from said transport business - Said fact not denied by husband but he has taken a plea that he sold the buses to scrap dealer - However, there is no evidence to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 447, 201, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Quashing of FIR - Offence u/ss 406, 447, 201, 120-B IPC and S.13(2) of P.C Act - Illegal felling of trees - No specific allegations if any with regard to uprooting/felling of trees standing on land used by petitioner for..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Act done in performance of public duty - For taking cognizance, sanction of competent authority is to be taken...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Rape - Termination of pregnancy - Unilateral decision of prosecutrix - It has to be held that aborting child was to defeat the scientific DNA test - Adverse inference has to be drawn that if she had undergone DNA testing process it would have revealed that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(d), 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3(b), 4, 5m, 5n, 6, 7, 8, 9I, 9m, 9n, 10, 11, 12 -- Bail - Penetrative sexual assault on 6 years old minor girl - Contradictions in statement of mother of victim and victim - Medical examination does..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 203 -- Dishonour of cheque - Issuance of process - Quashing of order - Offence by company - If a director wants process to be quashed on ground of vague averments or on ground that he is independent director appointed as per second proviso to S.141 of the Act, such a director is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Acquittal - Leave to appeal - Application for leading additional evidence - Documents now sought to be produced not produced in the trial Court - Once an opportunity was availed by complainant and evidence was led then complainant cannot be allowed to place on..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 509, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(DA) -- Quashing of FIR - Compromise - Offence u/s 509 IPC and S.3(1)(DA) of SC/ST Act - Parties have settled their dispute amicably - There is no possibility of accused being convicted in case pending..........
Criminal Procedure Code, 1973, Section 311, 313, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Rape and Murder - - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage of framing of charges..........
Criminal Procedure Code, 1973, Section 240 -- Charge - Court at the stage of framing charge is to consider sufficiency of materials available on record to find out if a prima facie case is made out or not - Roving inquiry at this stage is not permissible...........
