Criminal Procedure Code, 1973, Section 311 -- Summoning of two witnesses u/s 311 Cr.P.C. - Despite issuance of bailable as well as arrest warrants, witnesses were not traceable - Criminal trial cannot be permitted to remain pending indefinitely for securing presence of witnesses who remain untraceable despite repeated efforts - Trial Court rightly closed the evidence of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175, 225 -- Investigation - In the course of investigation u/s 175 BNSS, police may arrest accused and submit a charge-sheet - However, in proceedings u/s 225 BNSS, no such coercive steps are contemplated - Report submitted is only to aid and assist Magistrate and ultimate decision whether to issue process rests solely with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Default in payment - Sentence - Default pertained to 66 months, total sentence of 660 days was imposed after granting benefit of set off - Sentence of ten days for each month of default cannot be said to be disproportionate - Husband himself had surrendered and admitted his liability and..........
Service -- Order of punishment - Judicial review - Normally, no Court in exercise of its power of judicial review should interfere with an order of punishment imposed on a delinquent as a measure of disciplinary action by competent authority and substitute its own judgment for that of former...........
Banking service -- Compulsory retirement - Respondent a Senior Manager connived with co-delinquents (one officer and a gunman) to misappropriate money of customers for their personal gain, stealing bank records, etc. - Role of respondent not only necessitated personal obedience but also supervision of actions of subordinates - Co-delinquents having limited powers and..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Statutory mandate u/s 25 of the Act requires Court to account not merely for current income but also for earning capacity, financial security and future prospects of parties...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Where suit is instituted for cancellation of an agreement to sell and forfeiture of earnest money and where possession has not been delivered, ad valorem Court fee is required to be computed on the amount of earnest money alone and not on entire sale consideration...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration of ownership and possession - Suit though has been drafted as one seeking declaration of ownership and possession, real object of proceedings is to negate and avoid agreement to sell on the premise that same stands terminated and earnest money forfeited - In such circumstances, petitioner being..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319(1) Cr.P.C. leaves it to judicial discretion of Court, where trial is proceeding to summon a person as an accused (who has been left by police), if evidence has appeared before Court that such a person has committed an offence for which he should be tried together with other accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is more than a prima facie case to proceed against petitioners u/ss 498-A, 304-B IPC - Merits and defence of accused cannot be appreciated at this initial stage of taking cognizance - Defence so put by accused with regard to their false implication would be taken into account by Trial..........
