Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of summoning u/s 319 Cr.P.C. Court has to see that there is a strong and cogent evidence against such person and not merely probability of his complicity...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 306 -- Summoning of additional accused - Offence u/ss 498-A, 306 IPC - General, vague and omnibus allegations were made against opposite parties No.2 to 4 without referring to any date, time and place as well as nature of offence - There is not even a prima facie case against opposite..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 420, 419, 467, 468, 120B -- Discharge - Cheating - Civil suit was filed in 2017, whereas FIR lodged in 2019 on the basis of an application u/s 156(3) Cr.P.C. - Civil suit is still pending to be decided on merit - Order on interim application does not amount to decide the lis pending..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Single instance of adulterous conduct is not enough to disqualify wife from claiming maintenance rather, there must be evidence of continuous adulterous behavior - In brief, there should be proof that wife is habitually engaging in an..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Wife of `A' with whom respondent/wife is leading adulterous life had filed divorce petition on ground of adultery - Said circumstantial evidence are sufficient to establish the factum of `living in adultery' on a balance of preponderance..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Husband is not required to prove adulterous act beyond a reasonable doubt - Adultery typically occurs in secrecy, making direct proof rare - Adultery can often be established through circumstantial evidence, provided circumstances lead..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Determination of income of husband - Deductions - Availing of loans by husband and its repayment and payment towards insurance premium, GPF, SLI, etc. are to be reckoned as personal savings and shall not be reduced from actual income to quantify amount of maintenance - Moreover, showing some..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Wife and child have no independent source of income for their survival and at the relevant time child was studying in LKG - Net income of husband is Rs.19,574 - Family Court rightly granting Rs.6,000 to wife and Rs.3,500 to minor daughter as monthly maintenance...........
Criminal Procedure Code, 1973, Section 340 -- Once main case stood compounded, initiation of action on an application filed by a stranger, who had no nexus with original case could not justify continuation of proceedings u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Proceedings u/s 340 Cr.P.C. should not be started casually - Such action can be taken only when Court finds that it is necessary in the interest of justice and that there is some clear material showing an offence which affects the administration of justice...........
