Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is filed, right to statutory bail u/s 167(2)(a) Cr.P.C ceases and does not revive only because a further investigation order is pending or cognizance over charge sheet has not been taken by Court concerned...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 323, 294, 500, 504, 506 -- Registration of FIR - Offence u/ss 323, 294, 500, 504, 506 IPC - Whenever any application is filed by the complainant before the Court of Judicial Magistrate seeking police investigation under Section 156(3) of the Cr.P.C., it is the duty of the concerned Magistrate..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against husband - Wife has made general accusations against husband without furnishing specific instances of misconduct - Neither any specific allegations nor any material have come on record to show a prima..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against father-in-law and mother-in-law - General allegations made against appellant which lacked specificity - Complainant has not provided any concrete details of dowry demands or acts of cruelty attributable..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - A Muslim wife who resides separately from her husband on his contracting a second marriage is not disentitled from claiming her statutory right of maintenance under Cr.P.C./BNSS...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that husband has a second wife and is liable to maintain her cannot be a factor in denying maintenance to first wife or reducing the quantum of maintenance she is entitled to...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - An able-bodied husband must be presumed to be capable of earning sufficient money to maintain his wife and children and cannot contend that he is not in a position to earn sufficiently to maintain his family...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Onus is on the husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family and discharge his legal obligations for reasons beyond his control...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If the husband does not disclose the exact amount of his income, an adverse inference may be drawn by Court...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - For compelling accused to face trial certainly infringes fundamental right of an accused if order of process is not in consonance with spirit of law and justice...........
