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...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Unless strong and convincing evidence emerges during trial, mere allegations in the FIR or in the testimony of a PW cannot justify summoning a person as an additional accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prosecution claimed that 25 persons emerged from two vehicles armed with weapons, which is implausible and self contradictory - This inconsistency coupled with own admission by complainant that proposed accused were not seen in the video which was shown in the police station, casts serious..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Court is first required to record its satisfaction before issuance of process u/s 82 Cr.P.C - Non-recording of satisfaction itself makes such order suffering from incurable..........
