Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Income - Husband failed to place on record his ITR and computation sheet to establish his exact income and liabilities - Contention raised that he has the responsibility of looking after his old aged parents and sister is not sustainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Plea that wife is working - Wife working before marriage has no relevancy when nothing substantial is available to show that she is currently employed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Quantum - Carry home salary of husband Rs.1,16,885/- per month - Maintenance payable to wife and child enhanced to Rs.20,000/- to wife and Rs.8,000/- to child - Enhanced maintenance will be payable from the date of passing of order by High Court...........
Criminal Procedure Code, 1973, Section 56, 57, 41(1)(ba), 167, Constitution of India, 1950, Article 22(1), (2) -- Transit remand - Non-compliance with mandatory provisions - In absence of remand order, detention of petitioner which exceeded 24 hours, is untenable in law - In present case, case diary was written in Marathi and its translated version was not available -..........
Criminal Procedure Code, 1973, Section 56, 57, 41(1)(ba), 167, Constitution of India, 1950, Article 22(1), (2) -- Transit remand - Non-compliance with mandatory provisions - In absence of remand order, detention of petitioner which exceeded 24 hours, is untenable in law - Magistrate before whom a transit application is filed, is not required to merely satisfy himself that..........
Criminal Procedure Code, 1973, Section 41(1)(ba), 167 -- Transit remand - Provision of S.41(1)(ba) Cr.P.C. requires Magistrate that remand is being sought because of the reasonable suspicion that person arrested has committed a cognizable offence punishable with an imprisonment for a term exceeding seven years and that investigating has `credible information' that the..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Sentence of other accused persons already suspended - Sentence of present accused also suspended on ground of parity...........
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 313 -- Rape of 9 years old minor girl - Examination of accused - Serological report not put to accused u/s 313 Cr.P.C, and plea raised by accused that he is prejudiced in his defence - Contention first time raised before Supreme Court - Even otherwise, serological report being available, it..........
Criminal Procedure Code, 1973, Section 344 -- Tendering false evidence - Rape case - Prosecutrix turned hostile - Occurrence had taken place 14 long years ago - Prosecutrix was barely 9 years old on the date of occurrence - She may have since been married and settled to a new life, all of which may possibly be jeopardized, if prosecutrix is prosecuted u/s 344 Cr.P.C -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 506, 120B -- Quashing of FIR - Offence u/ss 406, 420, 467, 468, 471, 506, 120-B IPC - Settlement - Money dispute - Total amount of Rs.39 lacs received by complainant towards full and final settlement - Entire claim of complainant regarding purchase of flats stands settled..........
