Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Before proceeding ex parte, Magistrate is required to satisfy that person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service or willfully neglecting to attend the Court...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Mere knowledge of submission of maintenance case is not sufficient, but information about the date fixed by trial Court to petitioner is also required...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - No material available on record which shows that husband has any knowledge of fixing of maintenance case on the date on which an ex parte proceeding was drawn against him - Even, there is also no material on record that husband willfully neglected to attend the Court on that date - Ex parte..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second application filed by wife u/s 125 Cr.P.C though earlier application was dismissed without providing liberty to file fresh, is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application u/s 125 Cr.P.C should be decided summarily as per procedure prescribed under CPC by Family Court...........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Mere breach of a promise, agreement or contract does not, ipso facto, constitute the offence of criminal breach of trust contained in S.405 IPC without there being a clear case of entrustment...........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Loan for consideration of interest - There is no question of entrustment as such there is no criminal breach of trust - FIR and proceedings arising therefrom quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Loan transaction - Mere inability of accused to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence - FIR quashed...........
Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Inability to furnish local surety - Accused has been in actual custody for seven years and one month out of sentence of 10 years imposed - It would be a travesty of justice if accused is unable to secure the benefit of bail order for his inability to furnish local surety - This will infringe the rights..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Father of deceased except stating that accused has been harassing and beating deceased and was a alcoholic and also involved in an illicit relationship with a woman, nothing stated that he had provoked, incited and induced deceased to commit suicide - Accused is..........
