Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Employed wife - Wife's employment does not automatically disqualify her from getting interim maintenance - Maintenance awarded to wife is not a bounty and therefore, unless it is established before Family Court with cogent evidence that wife has sufficient income to maintain herself, prayer for interim..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Provision enables Court to summon additional persons as accused based on material emerging from evidence recorded...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Even a single witness, if found reliable, can form the basis for summoning u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of deciding an application u/s 319 Cr.P.C., Court is not required to adjudicate upon truthfulness of version, but only to see whether material on record, if unrebutted would justify trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement made on oath in Court is substantive in character and consistency between FIR and deposition only enhances the credibility of a witness - Therefore, argument that testimony is repetitive or lacks specific attribution is without merit - Application allowed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complainant who is also an injured eyewitness categorically implicates respondents in the role of restraining deceased while co-accused inflicted fatal blows - This conduct, if ultimately established clearly amounts to active facilitation of offence in question - Reliance placed by Trial Court..........
Criminal Procedure Code, 1973, Section 482 -- Disputed questions of fact can only be adjudicated upon by trial Court after giving adequate opportunities to parties to adduce their evidence...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Adultery - Divorced wife who lives in adultery/illicit relationship with man other than her former husband is disqualified from claiming maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Adultery - Once the decree for divorce is granted on the ground of adultery, such finding is relevant for deciding the issue of adultery in the proceedings u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Show cause notice is essential before forfeiting surety bond...........
