Service -- Release of offender on probation in criminal proceeding - Does not obliterate the stigma of conviction...........
Service -- Cancellation of appointment - Non-disclosure of pendency of criminal cases - Investigation of case was active against respondent at the time of filling up of forms so also at the time of affidavit - Acquittal/dropping of proceedings against him were subsequent developments - Subsequent acquittal or fact that he attempted to come clean about suppression of facts..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of consideration of interim maintenance, Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively - Court is only required to examine on a prima facie basis, whether spouse and minor child seeking maintenance are..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Mere fact that one child is in custody of husband cannot by itself, be a ground to absolve him of his obligation to maintain wife and minor child residing with her...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Responsibility of maintenance does not stand divided merely because each parent has custody of one child - While determining quantum of maintenance, Court would necessarily take into account the fact that one of children is residing with husband and that he is bearing expenses of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Determination of income of husband - Person engaged in un-organised or semi-formal sectors, such as property dealing, often do not have neatly documented income streams - In such situations, Court cannot be expected to insist on mathematical precision - A reasonable and pragmatic assessment, drawn..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Wife had no independent source of income and is largely dependent upon support from her parents - Having regard to overall facts and circumstances of the case, absence of direct proof of fixed monthly earnings beyond contractual engagement and fact that husband is also maintaining..........
Criminal trial -- Suspicion howsoever strong cannot take place of proof...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 425 -- (Criminal Procedure Code, 1973, S.384) - Appeal against conviction - Dismissed in default - Appeal cannot be dismissed in default on account of absence of counsel for accused and same can be decided only on merits...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere filing of a petition for restitution of conjugal rights by husband would not by itself, be sufficient to attract disqualification u/s 125(4) Cr.P.C...........
