Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against Jeth and Jethani of deceased - No reliable evidence on record that petitioners are living separately from deceased or they had not take part in demand of dowry or consequent torture to deceased -..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Power of attorney holder can represent the principal but cannot give evidence in place of the principal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Qualification of a lady is not sufficient to hold that she is able to maintain herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage is a question of law - But it is out of concern of Family Court while exercising jurisdiction u/s 125 Cr.P.C - It is within realm of civil Court to adjudicate it - Family Court exercising jurisdiction u/s 125 Cr.P.C thus, bound by a decree passed by Civil Court on validity of marriage..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife pleaded in application that she is wife of respondent - Husband did not controvert said evidence of wife but admitted the same during examination as RW1 - Evidence on record is sufficient to conclude that parties thereto were related as husband and wife by a marriage solemnized..........
Criminal Procedure Code, 1973, Section 125(1)(c) -- Maintenance to major daughter - Daughter is major and not suffering from any mental incapacity - Mother thus, has no locus standi to raise claim for maintenance allowance for and on behalf of daughter - Application for maintenance allowance ought to have been filed by daughter raising specific pleas in tune with..........
Criminal Procedure Code, 1973, Section 125(1)(c) -- Maintenance to major and sound daughter - For a claim u/s 125(1)(c) Cr.P.C, daughter as claimant must plead and establish her physical incapacity which stands in her way to earn income and maintain herself...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 457, 380, 427, 447 -- Quashing of order - Order taking cognizance - Offence u/ss 457, 380, 427, 447 IPC - Trial Court took cognizance of offence on basis of statement of complainant and his witnesses recorded u/ss 200, 202 Cr.P.C - Material on record shows that findings of trial Court does not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Defence struck off for non-payment of maintenance - Husband paid full outstanding maintenance amount to wife - Direction therefore, given to Family Court, in case husband has paid all outstanding amount of maintenance allowance, direction of striking out defence of husband shall not be given effect to and..........
Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2) -- Offence u/s 161 IPC and S.5(2) of P.C Act - Reduction of sentence - Accused is a lady, who is now a senior citizen aged about more than 70 years - She is not keeping good health and is suffering from age related ailments - Accused has been suffering mental incarceration for about more..........
