Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Carry home salary of husband is Rs.31,636 - Contention of husband that he has responsibility of looking after his brother and wife of his brother, is not sustainable, as neither brother nor his wife are dependent upon husband, whereas, wife and minor daughter are - Rs.7000 to wife and..........
Criminal Procedure Code, 1973, Section 125, 401, 482 -- Maintenance - Revision - Order enhancing maintenance u/s 125 Cr.P.C. - Earlier petition u/s 482 Cr.P.C against such order was filed by husband which was dismissed as withdrawn on the ground that there was a possibility of amicable settlement between parties - Whereas, present revision u/s 401 Cr.P.C. filed by husband..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized property - For considering a case u/s 457 Cr.P.C, it is not necessary that such property must be produced before Magistrate - Only requirement is that seized property is reported to a Magistrate under provisions of Cr.P.C...........
Criminal Procedure Code, 1973, Section 457 -- Release of seized property - Second application - Maintainability - Nothing in law prohibiting Court from entertaining second application for release of property seized by police in exceptional circumstances where previous application had been dismissed for default on failure of applicant to remain present himself or through..........
Criminal Procedure Code, 1973, Section 457 -- Application u/s 457 Cr.P.C - Dismissed in default - Restoration application - Maintainability - Application for restoration of earlier application by recalling order by Magistrate is not permissible under law - However, petitioner is not remediless, he has two remedies firstly to approach High Court or Session Court and..........
Criminal Procedure Code, 1973, Section 457 -- Application u/s 457 Cr.P.C - Dismissed in default - Magistrate may have competence and mandate to dismiss application u/s 457 Cr.P.C, - But, Magistrate should not have dismissed application for singular default on part of applicant in appearing in Court either in person or though his counsel...........
Criminal Procedure Code, 1973, Section 457 -- Application u/s 457 Cr.P.C - Dismissed in default - Application dismissed for want of representation on behalf of petitioner either in person or through counsel despite calling case repeatedly - Not even a single word has been uttered by petitioner so as to explain any plausible reason for his absence or no, appearance of..........
Criminal Procedure Code, 1973, Section 357A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Compensation to victim - DLSA (District Legal Services Authority) rejected application of petitioner on ground that Court which passed order of conviction and sentence has not further passed the order of compensation - Order of rejection set aside as..........
Criminal Procedure Code, 1973, Section 264 -- Summary trial - Dismissal of application - Offence u/s 23 of Pre-Conception and Pre-Natal Diagnostic Techniques Act and S.201 IPC - Charge for offence was framed against accused on 15.04.2015 and on the same day application was moved on behalf of accused and other co-accused persons u/s 91 Cr.P.C. and trial Court fixed the..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Delay occurred due to trauma suffered by prosecutrix - Merely because prosecutrix was not a child as defined u/s 2 of POCSO Act, does not deprive her of right of being traumatized and shocked by abhorrent act of accused - Prosecutrix admitted that she slept..........
