Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground of subsistence of first marriage of wife - First marriage of wife though not legally dissolved but wife is separated from her first husband and is not deriving any rights and entitlements as a consequence of that marriage - Moreover, respondent/second husband knowingly entered into..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - Process issued without assigning any reasons - Summoning order is totally a non-speaking one - Summoning order quashed...........
Indian Penal Code, 1860, Section 306, 498A, 34, Evidence Act, 1872, Section 67, Criminal Procedure Code, 1973, Section 154 -- Acquittal - FIR has to be corroborated and proved for there to be any value of the same in the case - In case the death of the informant has no nexus with the complaint lodged i.e. he died a natural death and did not succumb to the injuries..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife failed to prove the fact that she is a legally wedded wife of husband - She did not produce any independent witness to fortify fact of marriage solemnized between her and husband - Wife produced documents containing her photographs, however, in document name of other woman mentioned in the document as..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to parents - Liability of son - If an age old father or mother somehow manages to maintain themselves with financial support of relatives or friends, that will not absolve the liability of children to provide maintenance to them...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Liability of son - Mere fact that father gets some income from others to support himself and his second wife cannot be reckoned as a ground to deny the maintenance to him...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Liability of sons - Nothing on record to show that father is having any business along with his brother abroad and he is getting income from said business, apart from mere allegations in the counter statement filed by respondents/sons - Respondents on the other hand are well employed at Gulf and earning..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Direction to conduct further investigation even after filing of charge sheet and commencement of trial is permissible in law...........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 498A, 323, 506 -- Further investigation - Offence u/ss 498-A, 323, 506 IPC - Application for further investigation filed by complainant after her chief examination was completed - There was no justification whatsoever for High Court to have directed further investigation into the case at such a..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Scope of interference by an appellate Court for reversing the judgment of acquittal recorded by trial Court in favour of accused has to be exercised within the four corners of following principles: (i) That judgment of acquittal suffers from patent perversity; (ii) That same is based on a..........
