Protection of Women From Domestic Violence Act, 2005, Section 26, Criminal Procedure Code, 1973, Section 362 -- Ad-interim maintenance - Correction of judgment - Magistrate granted Rs.10,000 (in total) as ad-interim maintenance to applicants, while recording a finding that applicants not earning any income, sufficient to maintain themselves - Sum assessed by Magistrate (in..........
Criminal Procedure Code, 1973, Section 451, Kerala Forest Act, 1962, Section 61A -- Custody and disposal of property - Power of Court u/s 451 Cr.P.C. - Where confiscation proceedings is not maintainable u/s 61-A of 1962 Act, order of release can be passed by criminal Court where property is produced u/s 451 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Judicially separated wife - She is entitled to maintenance - If a divorced wife is entitled for maintenance there is no reason why a wife who is judicially separated is not entitled for maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because trial Court has not given a finding that wife is not able to look after herself, that does not mean that she is not entitled for maintenance - High Court is required to look into the question whether wife is entitled to maintenance or not and if so the quantum of maintenance - Since High..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - After framing of charge - Accused cannot seek discharge on ground of want of sanction - At that stage, accused can move only for canvassing an acquittal...........
Criminal Procedure Code, 1973, Section 313 -- Opportunity to lead defence evidence - The last question put to accused in his examination u/s 313 Cr.P.C. as `Anything else to say?' - Held, this question is wide enough to cover the ambit of granting an opportunity to accused to lead evidence from his side...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Issuance of process - Enquiry u/s 202 Cr.P.C. is not mandatory in proceeding u/s 138 of N.I. Act...........
Criminal Procedure Code, 1973, Section 211, 215 -- Charge - Mere omission to mention provision of law - Does not make the charge invalid, particularly when person is aware of offence that he/she is being accused of...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Court not to enter into a roving inquiry to appreciate or weigh material on record at the stage of framing of charge - Strong suspicion is enough for Court to form a presumptive opinion as to existence of an event having taken place, justifying framing of charge...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - No meticulous examination of evidence is needed for considering whether case would end in conviction or not at the stage of framing of charge...........
