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..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Allegations against appellant pertain to the abuse of official position and corrupt practices while holding public office - Such allegations fall squarely within the category of cognizable offences and there exists no legal requirement for a preliminary inquiry before..........
Criminal Procedure Code, 1973, Section 190, 204, 173 -- Summoning of accused not named in charge sheet - Court can take cognizance against persons not named in charge sheet - However, in the instant case Court ordered issuing of summons to such accused and also ordered that their names should be included in the charge sheet - Court can order issuance of summons instead 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..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Allegations against appellant pertain to the abuse of official position and corrupt practices while holding public office - Such allegations fall squarely within the category of cognizable offences and there exists no legal requirement for a preliminary inquiry before..........
