Criminal Procedure Code, 1973, Section 125 -- Maintenance - Enhancement - Where wife blocks a substantial source of income of husband and then claims enhancement of maintenance, same amounts to an abuse of process of law and also against interest of justice...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Enhancement of - Daughter of parties is now aged about 13 years and she is a student of class 8 - Amount of maintenance of Rs.3000/- p.m granted to child is clearly not sufficient to maintain a school going child - Maintenance awarded to child enhanced from Rs.3000/- to Rs.5000/- p.m...........
Criminal Procedure Code, 1973, Section 277 -- Recording of evidence - Evidence of witness has to be taken down in language of Court as required u/s 277 Cr.P.C - If witness gives evidence in language other than language of Court, a true translation thereof in language of Court has to be prepared as soon as practicable...........
Criminal Procedure Code, 1973, Section 277 -- Recording of evidence - When a question arises as to what exactly witness has stated in his evidence, it is original deposition of witness which has to be taken into account and not translated memorandum in English prepared by presiding Judge...........
Criminal Procedure Code, 1973, Section 277 -- Recording of evidence - Direction issued that all Courts while recording evidence of witnesses, shall duly comply with provisions of S.277 Cr.P.C...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - False promise of marriage - Prosecutrix being a married woman and mother of three children was matured enough to understand the significance of moral or immoral quality of act she was consenting to - Moreover, prosecutrix had gone to stay with accused during subsistence of her marriage with her husband - Prosecutrix knows..........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Partition suit - Sister of plaintiff not arraigned as a party - However, plaintiff stated that his sister had already taken share and also affidavit is filed to that effect - Suit not bad for non-joinder of necessary party...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Strict compliance of S.154(3) Cr.P.C. is required to be made which is sine qua non for maintaining an application u/s 156(3) Cr.P.C. - Merely endorsing a copy of application u/s 154(1) Cr.P.C. to Superintendent of Police cannot be said to be strict compliance of S.154(3) Cr.P.C. - There has..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 384, 406, 423, 467, 468, 420, 120B -- Quashing of FIR - Offence u/ss 323, 384, 406, 423, 467, 468, 420, 120B IPC - Ingredients to attract offence and nature of allegations contained in application filed by respondent would undoubtedly make it clear that respondent had failed to make specific..........
