Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Maintenance to wife - Determination of income of husband employed abroad - Mere earning in foreign currency does not by itself entitles wife to claim maintenance by mechanically converting husband's foreign income into Indian currency and applying formulae evolved by Indian..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Maintenance to wife - Determination of income of husband employed abroad - Where one of spouses is employed abroad and has failed to place complete and candid disclosure of income before Court, assessment necessarily involves a degree of estimation and informed guesswork -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Interim maintenance to wife - Mere capacity to earn cannot be equated with actual earnings - When it is admitted that wife is not gainfully employed, question whether she deliberately remained unemployed to extract maintenance, can only be ascertained after evidence is led by..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144, 146 -- (Criminal Procedure Code, 1973, Ss.125, 127) - Interim maintenance to wife - Enhancement of - Husband is earning in foreign currency and is residing in USA - Consequently, he is also required to incur expenses in foreign currency and standard as well as cost of living in USA cannot be equated with that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint allegations disclose that cheque was issued for discharge of liability - Ingredients of S.138 of N.I. Act are prima facie made out from complaint allegations - Order of quashing set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings at threshold - Court is required to examine whether allegations made in complaint along with materials in support thereof make out a prima facie case to proceed against accused or not - In exceptional circumstances, Court may take..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Directions issued in Rajnesh Vs Neha apply to proceedings for interim maintenance also...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Payable from the date of filing of application for interim maintenance...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - When Court on the basis of evidence on record found no cause to invoke suo motu power u/s 319 Cr.P.C, same cannot be lightly invoked on the mere accusation made by complainant...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Allegation that jeep in which five persons sitting dashed against bicycle driven by complainant and his son, resulting in injuries both to complainant and his son - However, deposition of complainant and PWs 1 and 2 was only to extent of sole accused arrayed in charge sheet having driven the..........
