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...........
Indian Penal Code, 1860, Section 302, 120B, 34, 201 -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - Circumstances of case failed to connect accused `H' with crime - No evidence on record that accused `H' had participated in crime or hatched criminal conspiracy - No evidence on record that accused `H' associated with co-accused..........
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...........
Criminal Procedure Code, 1973, Section 177, 178 -- Territorial jurisdiction - Continuing offence - Sexual abuse upon minor girl - When an offence is a continuing offence and is committed in more than one local area, it may be tried by any of those Courts having territorial jurisdiction - Since the first offence committed at place `G' and thereafter at `J', Courts at `G'..........
