Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of a valid marriage is prerequisite for passing any order u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to second wife - Second wife herself admitted that husband was having first wife and children and first wife was living separately with husband - Unless husband is validly divorced from his first wife, marriage of husband with second wife will have no legal sanctity - Order granting maintenance to second wife set..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Probable defence of accused cannot be accepted at the initial stage of proceeding, which requires to be substantiated during trial - Truth or falsify of the case could be decided only at the trial - Discharge application rightly dismissed...........
Indian Penal Code, 1860, Section 376 -- Rape - A relationship between two adult individuals does not justify sexual assault by one on his partner...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506 -- Rape - Quashing of FIR - Relationship between accused and prosecutrix in respect of indulging in sexual activities was not shown to be consensual to justify quashing of criminal complaint at the threshold - Allegations in the F.I.R. prima-facie constitute the commission of alleged offence - Defence of..........
Indian Penal Code, 1860, Section 376(2)(n), 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the false pretext of marriage - Prosecutrix on the date of developing physical relations with accused was a married lady - Relationship between them was thus, consensual one - No consent was obtained by accused on the basis of misconception of fact - Offence u/s 376 IPC..........
Indian Penal Code, 1860, Section 420, 415, 418, 405, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Breach of contract would not attract breach of trust or cheating - Merely for breach of contract, criminal proceedings would not lie and the remedy in case of breach of trust is to sue for damages - Proceedings quashed...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Where evidence on record is sufficient, Court of appeal would decide the issue on merits and should avoid an order of remand as the same gives longevity to litigation...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Bail during pendency of appeal against conviction - Contraband - Provision of S.52-A of NDPS Act were not complied with - Without expressing on the final merits of appeal, bail granted to accused...........
Indian Penal Code, 1860, Section 405 -- Offence u/s 405 IPC - Mere breach of contract does not constitute offence u/s 405 IPC without there being care of entrustment...........
