Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against relatives of husband - No substantial and specific allegations made against petitioner other than stating that they instigated accused No.1 in harassing complainant by demanding more dowry - Reason for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Wife is entitled to seek maintenance from her husband as a divorcee till her remarriage, even if she has been found guilty of matrimonial offence of desertion in decree of divorce and is disentitled to seek maintenance u/s 125 Cr.P.C during subsistence of her marriage - Decree of divorce passed..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Educated wife - Deliberate attempt to remain unemployed - Mere assertion of job seeking without corroborative evidence is insufficient to establish genuine efforts at self sufficiency - In the instant case there is prima facie evidence suggesting deliberate avoidance of employment by wife - Interim..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Educated wife - A well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband - Interim maintenance rightly denied to wife...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - For grant of interim maintenance, prima facie satisfaction is necessary to determine whether wife is genuinely in need of maintenance and the factors leading to such need of maintenance...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Revisional jurisdiction of High Court must be exercised in a limited manner such as in the case of a palpable error, non-compliance with the provisions of law or when the decision involves arbitrary exercise of judicial discretion...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, Court has only to consider material available for framing an opinion as to whether, prima facie offence is committed which would require accused to be put on trial - It is open to Court, at the stage of framing of charge to ascertain as to whether allegations made in the..........
Criminal Procedure Code, 1973, Section 155(2) -- Non-cognizable offence and cognizable offence - Requirement of obtaining sanction u/s 155(2) Cr.P.C for investigation of a non-cognizable offence, cannot be by passed merely on the fact that cognizable offence is incorporated in FIR, even though there are apparently no materials before investigating agency to register a case..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 447, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f), 3(1)(g), 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Property dispute between parties - Property that forms the subject matter of criminal proceedings is also subject of..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Scope of a preliminary inquiry is limited to situations where information received does not prima facie disclose a cognizable offence but requires verification - However, in cases where information clearly discloses a cognizable offence, police have no discretion to..........
