Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Application for summoning certain documents regarding income of husband - Documents in question required for accurate assessment of financial status of husband - Application for summoning of documents allowed...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - District Attorney is seen talking to another advocate - Does not mean that District Attorney is not doing her duties properly - No ground transfer the case...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - District Attorney posted at a particular place - Not a sufficient ground for transferring the case on mere asking of party - Moreover, if a party has any grouse against District Attorney, he can approach the authorities for changing the prosecutor in the case - No ground to transfer the case...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Since all the grounds mentioned by petitioner for transfer of trial are totally frivolous and seems to be emerging only from his caste bias therefore, in normal course it would be appropriate case for burdening the petitioner with exemplary cost - However, since petitioner also claims to have some concerns..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 6(3) -- Maintenance proceedings - Attendance of respondent - Tribunal is conferred with the powers of a Judicial First Class Magistrate under the Code of Criminal Procedure - Tribunal has power to enforce personal attendance of respondent by summons and if necessary through bailable/non bailable..........
Prevention of Corruption Act, 1988, Section 7, 8, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Criminal conspiracy - Quashing of proceedings - Plea that prosecution is having insufficient evidence to bring home conviction - Held, at this stage it is not proper to bring out conclusion or guilt..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Scope - Unless and until view taken by trial is impossible view, interference by Appellate Court is not warranted - Even where two views are equally possible, High Court cannot substitute a view of its own in place of one taken by Court below on ground that it is a more plausible view...........
Indian Penal Code, 1860, Section 376(AB), 376(2)(1), 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(E), 6, Criminal Procedure Code, 1973, Section 366 -- Death sentence - Reduction of sentence - Rape of 5 to 6 years child - Inserting of finger into private part of prosecutrix amounts to rape but the manner in which offence is committed is not..........
Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance of offence - Quashing of order taking cognizance as contended to be passed after committal of case - Taking cognizance u/s 190 Cr.P.C is a preliminary stage of trial and even with minimum reasons - Order sheet when read in totality does not indicate proceedings in motion for committal of case, but actual order..........
Criminal Procedure Code, 1973, Section 293 -- Report of FSL - Admissibility - Report of FSL even though admissible in evidence u/s 293 Cr.P.C without examination of handwriting expert, however, report itself is not a conclusive proof and credibility of same can be demolished by examining private handwriting expert...........
