Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 222 -- Charge u/s 306 IPC - Conviction u/s 498-A IPC - Offence u/s 498-A IPC is not a lesser offence in relation to S.306 - Unless specific acts constituting both abetment and cruelty explicitly set out in the charge u/s 306 IPC, a conviction u/s 498-A IPC cannot be sustained in the absence..........
Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 222 -- Charge u/s 306 IPC - Conviction u/s 498-A IPC - In exceptional cases, conviction u/s 498-A IPC may still be valid even if there is no separate charge, provided that charge u/s 306 IPC is framed in a manner that comprehensively includes all incriminating acts failing under S.498-A IPC...........
Criminal Procedure Code, 1973, Section 482 -- Application for permission to go abroad dismissed - Issuance of lookout circular - Quashing of order - Petitioner has been granted interim protection from arrest - Case is related to matrimonial dispute - Investigation can still take some time to complete and thereafter trial shall also take considerable time which may stretch..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of accused - High Court in exercise of its revisional jurisdiction set aside the order of the Trial Court rejecting the second application under Section 319 of the CrPC and directed the Trial Court to reconsider the application under Section 319 - Court was conscious that the trial had concluded, yet to do substantial..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Once a relationship of marriage is found to be admitted and not dissolved by any competent Court of law, husband being an abled body person and working in a Government employment is statutorily required to maintain his wife and children, even when there is a dissention between the parties...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that since wife refused to stay with husband without any sufficient cause she is not entitled to maintenance - However, there is no proceeding between parties for restitution of conjugal right - Wife is unable to maintain herself - She is entitled to maintenance from the date of..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife suffered an ex parte divorce decree on 7.6.2016 and application to set aside ex parte decree has been numbered only on 11.1.2017 - Husband got remarried in the meantime after waiting for six months and begotten two children through second..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An application u/s 311 Cr.P.C must not be allowed only to fill up lacunas in the case of prosecution, or of defence or to give an unfair advantage to the opposite party...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of two witnesses - Application filed on the ground that loan was advanced to accused in the presence of two witnesses - However, since the very beginning complainant was aware of the fact that he had given loan to accused in the presence of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere naming a person in the absence of specific overt act is insufficient to invoke S.319 Cr.P.C...........
