Criminal Procedure Code, 1973, Section 465 -- Omission to frame charge - Even the absence of a charge by a Court will not vitiate the trial or judgment to be delivered in the case...........
Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - If the facts are such that a charge could be framed and yet it is not framed, but no failure of justice has in fact, been occasioned, thereby, the finding, sentence or order of Court of competent jurisdiction is not to be set aside on that ground...........
Criminal Procedure Code, 1973, Section 465 -- Framing of new charge - Accused faced trial in the Trial Court knowing well that a Court having no jurisdiction to try the case had framed the charge - He did not mention this irregularity while the Trial Court recorded the evidence - Without any objection, he participated in the trial and never raised a case that he was..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deduction made from the income of husband, which are on account of own volition of husband, cannot be permitted - It is only the statutory deductions, which are mandated by law and beyond the control of husband which can be taken into account...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Cannot be based on exact arithmetical calculations, as interim maintenance is only tentative and is subject to fixation to final maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor children - Monthly income of husband is 75000 p.m - He also earns a further sum of Rs.16,000 p.m from other sources of income - Primary obligation to maintain the dependents is not diluted through artificial reduction of income - Interim maintenance rightly awarded to wife - However,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife cannot be eschewed from getting maintenance from her husband only on the basis of M.Com and Arts Degree...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife used to be an actress in profession - She is well educated lady and used to live glamorous life - Wife can earn some income for her livelihood even after being supported by her husband - She is thus, entitled to maintenance amount but looking to her qualification and her abilities for earning money,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 506, 34 -- Bail - Abetment of suicide - Suicide note of deceased reveals that deceased inflicted injuries with an axe on petitioner who along with one `S' extended threats to kill him and had eloped with his minor daughter and due to which deceased committed suicide - Whether these..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Correctness of the allegations is not to be tested at the stage of considering an application for quashing...........
