Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Statutory right - Charge-sheet filed after 110 days of arrest - Mere fact that challan was returned by trial Court, petitioner cannot be denied of his statutory right enshrined in S.167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Quantum - Maintenance granted on the basis of notional minimum income of husband as per current minimum wages - Not tenable - Maintenance must be fixed by having regard to viz. (a) living standard of husband and his family; (b) his past conduct in protracting disposal of maintenance petition filed in the year 2003..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 25, 32, Haryana De-addiction Centre Rules, 2010, Rule 6 -- Drug De addiction Centre - Running without licence - Stocking of eight types of drugs containing Buprenorphine - Running Drug De addiction Centre without having any license is violative of provisions of..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte order - Setting aside - Ex parte order set aside subject to payment of Rs.10,000/- as costs and payment of Rs.1,000/- p.m. from the date of order as interim maintenance pending decision of proceedings u/s 125 Cr.P.C. - Order upheld...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - Rape - Summoning of prosecutrix and her parents for cross-examination over age of prosecutrix - Since witnesses not stated any fact regarding rape, no questions were asked regarding her age - However, as per FSL report and DNA report, semen found on vaginal swab tallied with blood group of petitioner - In..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 228 -- Abetment to suicide - Framing of charges - Suicide note reveals that deceased herself was responsible for her act - She wrote suicide note in presence of her brothers 17 days prior to her death - Deceased was under severe depression - No direct evidence to connect petitioner with crime -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Cannot be denied merely because she is earning, as she is entitled to live with same standard as she was living with her husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Earning wife - Wife was working a teacher and earning Rs.10,000 p.m - However, wife is having a minor daughter and she requires expenses for maintaining herself as well as her school going daughter - Finding of Family Court that wife is having sufficient income to maintain herself and..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte order - Setting aside - Ex parte order set aside subject to payment of Rs.10,000/- as costs and payment of Rs.1,000/- p.m. from the date of order as interim maintenance pending decision of proceedings u/s 125 Cr.P.C. - Order upheld...........
Criminal Procedure Code, 1973, Section 167 -- Investigation - Letter and spirit behind enactment of S.167 Cr.P.C, mandates that investigation ought to be completed within period prescribed and thereafter issue relating to custody of accused ought to be dealt with by Magistrate on the basis of investigation...........
