Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and daughter - Husband is Government employee serving in Fire Service Department and drawing Rs.40,000 pm as salary - He was not paying any maintenance to wife - Husband inspite of receiving notice did not take part in hearing - However, main case is still pending for adjudication - Interim..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor daughter - If husband deserted wife irrespective of his financial status, he is bound to maintain his wife and minor children - Husband under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining wife and minor daughter - Maintenance @ Rs.7000 pm..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor daughter - If husband deserted wife irrespective of his financial status, he is bound to maintain his wife and minor children - Husband under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining wife and minor daughter - Maintenance @ Rs.7000 pm..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Starting point of limitation for setting aside ex parte order of maintenance starts from the date of acquiring knowledge by a party about the said order and not from the date of order itself...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Setting aside - Service of summons - Family Court proceeded ex parte against husband after simply noting that registered cover notice issued received back with the report of refusal - Details of such refusal are missing in the said order - Moreover, there is total non-compliance of provisions of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Antecedents of accused is not clean as he is involved in different criminal cases of cheating and number of complaints u/s 138 of the Act registered against him - Though accused had already undergone the sentence of 2 years, however, he refused to pay the compensation amount of Rs.10 lakhs -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Mandatory provision of S.52-A of NDPS Act has not been followed, as seizure officer did not get the proceedings u/s 52-A of the Act conducted in the case before a Magistrate or Gazetted Officer - Search and seizure vitiated - Moreover,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PW3 who claimed that accused had made an extra judicial confession had turned hostile - However, evidence of eye witness/PW2/wife of deceased is reliable and there was no error in the eye witness account - Minor discrepancies in the evidence of PW2 would not make much difference - Conviction upheld - However, since..........
Criminal Procedure Code, 1973, Section 401, 402, 403 -- Revision - Filed by accused against order of refusal to discharge accused - Whether victim/complainant can be impleaded - Victim/complainant though has a right to be heard in revision proceedings, but have no right to be impleaded in said revision proceedings...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........
