Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proof of marriage - In proceedings u/s 125 Cr.P.C., proof of marriage need not to be in strict sense as may be required in other collateral proceedings - It would be enough for the wife that some kind of ceremonies were performed whereafter, parties lived in matrimony...........
Evidence Act, 1872, Section 137, Criminal Procedure Code, 1973, Section 161 -- Cross-examination - Questions asked in cross-examination cannot be overruled on ground that same are beyond as to what is stated in statement u/s 161 Cr.P.C. and are not relevant...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Delay in filing of application u/s 319 Cr.P.C. - Cannot be, by itself a ground to dismiss the same but the Court cannot be ignorant of the valuable time spent by trial Court in collecting the requisite evidence and so also the fact that summoning of additional accused would result into yet..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - As per material on record, application u/s 319 Cr.P.C. was allowed after entire prosecution evidence as well as statement of accused had been recorded by the trial Court - Even, there is no such material on record which can satisfy the Court as to what prevented the prosecution or the trial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Two complaints u/s 138 of N.I Act - Parties are same in both the cases - Both complaint cases were decided on same day - Sentence qua imprisonment in both complaints in question to run concurrently - However, sentence required to be undergone by accused in..........
Criminal Procedure Code, 1973, Section 190, 216, 218, 228, 190(1) -- Addition of charge or addition of offence - Appropriate stage is not when Magistrate takes cognizance of offence but it is at the stage at which charges are framed...........
Criminal Procedure Code, 1973, Section 190, 216, 218, 228, 190(1) -- Addition of offence - At the stage of taking cognizance of offence - Magistrate was right in declining to add offence punishable at the stage of taking cognizance in the case, which is based on a police report - Said power was not available to Magistrate in a case instituted on a police report on an..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - False promise of marriage - Prosecutrix admittedly was married and not legally divorced from her husband - During subsistence of earlier marriage there could be no promise of marriage to accused - Allegation that fraud was played on prosecutrix for receiving consent..........
Civil Procedure Code, 1908, Order 13, Rule 10 -- Summoning of record of criminal case - Categorical observation of Court below while allowing application that documents in question were not in control of plaintiff and therefore, concerned Court required the said documents for appropriate adjudication of suit, seems to be well justified - No interference warranted in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25, 15, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Prolonged custody - Offence u/ss 8, 25, 15 of NDPS Act - Accused remained in custody for more than 5 years - Final hearing of appeals likely to take considerable time - Taking into account of prolonged..........
