Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried major daughter - Only major daughters whether Hindu, Mohammedan, Parsi or Christian wherever their rights are recognized under any other personal law or statute for the time being in force, are entitled for maintenance at the hands of their father or anybody till they get married - If they are unable to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried major son - Suffering from mental or physical abnormality or injury - No law recognizes major sons entitled to maintenance till they get married - But they are entitled to maintenance if they are suffering from any mental or physical abnormality or injury...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Children of Muslim parents are entitled to claim maintenance u/s.125 Cr.P.C. for the period till they attain majority or they are able to maintain themselves, whichever is earlier - In case of females till they get married, and this right is not restricted, affected or controlled by divorce wife's right to claim..........
Criminal Procedure Code, 1973, Section 125(c) -- `Injury' - Meaning - If due to any illegal act if a person suffers any bodily injury, mental injury or injury to his reputation or to property, then such sufferings can be called as an `injury'...........
Criminal Procedure Code, 1973, Section 125(c) -- `Injury' - Mohammedan daughter who has got a right to be maintained by her father under Muslim personal Law - Infringement of such right of daughter itself amounts to an injury which can be very well be equated to the word `injury' used in S.125(c) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried major daughter - Father of petitioner deserted petitioner and her mother by contracting other marriage - He neglected and refused to maintain petitioner though capable of maintaining her - Petitioner though major but she is helpless woman and being incapable of maintaining herself - No evidence on record..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 473 -- Dishonour of cheque - Condonation of delay - Delay of 1 day in filing of complaint u/s 138 of the Act - In absence of any satisfactory explanation by complainant for delay, Magistrate, on his own, by taking into account facts and circumstances of the case, cannot condone delay..........
Criminal Procedure Code, 1973, Section 243 -- Defence witnesses - Court is empowered to curtail the list or even to disallow all of the witnesses mentioned in the list if Court feels that list is supplied only to delay the proceedings or defeating the ends of justice - But it is necessary for Court to record reasons for the same and an opportunity must be given to accused..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retirement of public servant - Sanction to prosecute public servant is not required for the offences under Prevention of Corruption Act, if public servant is already retired on the date of cognizance by Court - However, sanction is required for the..........
Criminal Procedure Code, 1973, Section 235 -- Judgment on conviction - Mandatory minimum punishment is 7 years u/s 304-B IPC - There is no minimum punishment u/ss 498-A & 201 IPC - Since the sentence u/s 498-A IPC is 2 years R.I and 1 years R.I u/s 201 IPC are to run concurrently - No prejudice whatsoever is caused to accused persons - It is not a fit case for following..........
