Criminal Procedure Code, 1973, Section 127, 482 -- Maintenance - Order enhancing maintenance to wife - Quashing of order - Husband admitted his monthly income to the tune of Rs.10,707 - Wife who is living separately along with her daughter held, entitled to 1/3rd income of husband as maintenance - Maintenance allowance of Rs.2,000 rightly granted by Court below and is not..........
Criminal Procedure Code, 1973, Section 397(2), 311 -- Revision - Order allowing application u/s 311 Cr.P.C. - It is an interlocutory order - Revision against same is not maintainable - Petition challenging the validity of interlocutory order lies before Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses for further examination-in-chief - Witnesses PW1 & PW2, not examined on the point of agreement etc., as the original agreement is lying in Court in civil suit - Cross-examination of these witnesses already been deferred - If witnesses are examined-i, chief to prove these documents, no prejudice is being..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband though having sufficient means, refused and neglected to maintain wife - Even accepting that husband is doing labour work, amount of maintenance allowance granted @ Rs.700/- p.m is quite just and reasonable - No interference warranted in the impugned order of granting maintenance to wife...........
Criminal Procedure Code, 1973, Section 24, Protection of Children from Sexual Offences Act, 2012, Section 34, 44, Protection of Children from Sexual Offences Rules, 2012, Rule 6, Constitution of India, 1950, Article 304, Kerala Govt. Law Officer (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978, Rule 14 - - Special Public Prosecutor - Appointment..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 377, 323, 328, 506 -- Anticipatory bail - Rape by father-i, law - There were constant disputes in the family and number of complaints were made to police from both sides - Despite repeated complaints by prosecutrix there is no allegation whatsoever against petitioner having committed rape..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife living separately - Wife neither thrown with force from her matrimonial home nor she was forced to leave her matrimonial home - Wife residing separately without any reason - Held, wife is not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Laptop recovered not produced when case was fixed for prosecution evidence - It can be termed to be a lapse or omission on the part of prosecution for which complainant cannot be made to suffer - Prosecution allowed to produce the case property in the Court...........
Criminal Procedure Code, 1973, Section 2(i), Indian Penal Code, 1860, Section 201, Oaths, Oaths Act, 1969, Section 3 -- Departmental proceedings - Not judicial proceedings as evidence is not required to be taken on oath...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 363, 366, 372, 373, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Bail - Case of trafficking under garb of marriage - Applicant and his agent took advantage of economic stringency of mother of complainant and had found them vulnerable and cheated..........
