Criminal Procedure Code, 1973, Section 154 -- FIR - Corruption case - When a preliminary inquiry is ordered and same is conducted by a police officer, he cannot avoid his duty of registering FIR, in case a cognizable offence is revealed - Even in the course of quick verification or preliminary inquiry, if it comes to the notice of concerned police officer that a cognizable..........
Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Power of Magistrate - Course of action - Where sanction u/s 19 of P.C. Act or S.197 Cr.P.C. is required for taking cognizance of offences, it is not possible for Court to take cognizance of offence by applying its mind u/s..........
Criminal Procedure Code, 1973, Section 190(1)(a) -- Cognizance of offence - Corruption case - Summoning order - Petitioner challenged the summoning order on the ground that Court below was not authorized or empowered by law to take cognizance of offences in absence of a quick verification or preliminary inquiry - However, it may be possible for petitioner at this stage to..........
Criminal Procedure Code, 1973, Section 227, 329, 330, Protection of Children from Sexual Offences Act, 2002, Section 8 -- Discharge - Offence u/s 8 of POCSO Act - Plea of mental retardation - Where accused placed on record prima facie documents to show that he was mentally retarded, it was bounden duty of Court to conduct an inquiry u/s 329 Cr.P.C. - However, procedure..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Disobedience of injunction decree - Decree holder has alternative remedy U.O.21 CPC - Application dismissed - Order upheld...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by husband - Husband is not entitled to claim maintenance from wife u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Legally wedded wife - Petitioner is only a kept mistress of first respondent - First respondent was having legally wedded wife before developing contacts with petitioner - Petitioner not legally wedded wife of first respondent...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by husband - Husband is not entitled to claim maintenance from wife u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Legally wedded wife - Petitioner is only a kept mistress of first respondent - First respondent was having legally wedded wife before developing contacts with petitioner - Petitioner not legally wedded wife of first respondent...........
Criminal Procedure Code, 1973, Section 125, Indian Contract Act, 1872, Section 23 -- Maintenance to wife - Waiving of right of maintenance by agreement - Not permissible, as such agreement is unenforceable and claim of maintenance cannot be rejected on basis of such agreement...........
