Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 451, 427, 147 -- Sanction for prosecution - Offence u/ss 323, 451, 427, 147 IPC - Petitioner acted under directions of Commissioner and proceeded in a bona fide manner while taking action regarding removal of encroachment - In such circumstances, acts complained of cannot be said to be wholly..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Criminal Court is empowered to summon any person as a witness at the stage of inquiry, trial or other proceeding, provided that such summoning and examination are absolutely necessary for just decision of case - Such a decision taken by a Court of law normally shall not be interfered with, since Court..........
Criminal Procedure Code, 1973, Section 195 -- Cognizance of offence - Initiation of proceedings by Station House Officer who is admittedly subordinate in hierarchy is contrary to mandate of S.195 Cr.P.C...........
Criminal Procedure Code, 1973, Section 195 -- Cognizance of offence - Where a complaint is made to a superior officer and subsequently upon investigation is found to be false, any complaint for prosecution must emanate from that very authority or a superior authority and not from an officer of a lower rank...........
Criminal Procedure Code, 1973, Section 195, 482 -- Kalandra u/s 195 Cr.P.C. - Quashing of kalandra on the grounds of jurisdictional defect u/s 195 Cr.P.C. does not operate as a bar to subsequent legal action...........
Criminal Procedure Code, 1973, Section 195 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.215) - Cognizance of offence - Requirements contained in S.195 Cr.P.C./S.215 BNSS are not mere directory but are mandatory jurisdictional pre-requisite...........
Criminal Procedure Code, 1973, Section 195, 482 -- Kalandra u/s 195 Cr.P.C. - Directions issued to Director General of Police, Punjab to institutionalise a comprehensive sensitization programme for all police officials within State of Punjab to ensure strict adherence with mandatory provisions of S.195 Cr.P.C./S.215 BNSS...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance should allow wife to maintain a reasonable standard of living but should not be excessive or encourage idleness...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance is always dependent on factual situation of case and Court would be justified in moulding claim for maintenance passed on various factors...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is M.Com. - Though income of husband is increased from Rs.20,000 p.m to Rs.25,900 p.m however, if enhanced amount of maintenance is seen, same is more than double from what was earlier granted to wife and child - Considering responsibility of husband, towards his ailing mother as well as considering..........
