Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried major daughter - An unmarried daughter, who attains majority and is unable to maintain herself because of her illiteracy, unemployment or being a student, cannot be denied maintenance by her father merely because reason to maintain herself is not related to physical or mental abnormality...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Primary object of S.125 Cr.P.C is survival of human being, who is unable to maintain himself in a `survival of fittest society'...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to unmarried major daughter - Enhancement of - Application u/s 127 Cr.P.C for enhancement of maintenance filed after more than 4 years of decision of petition u/s 125 Cr.P.C - Circumstances have completely changed - Daughter is pursuing higher studies now - Taking into account the salary of petitioner and..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - Document in question was not forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C is not attracted...........
Criminal Procedure Code, 1973, Section 323 - - Application of father of victim/next kin to participate in the proceedings - Case was committed to Court of Sessions - Sessions Court while hearing discharge application concluded on consideration of submissions made by accused and Public Prosecutor that offence in question is triable by Magistrate and without discharging..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Proclaimed offender - Offence u/ss 420, 447, 506, 120-B, 34 IPC - There is nothing on record which shows that petitioner was ever served Court notice or investigating officer ever served him u/s 105-B Cr.P.C before filing report u/s 173(2) Cr.P.C. - Even, sister and mother of petitioner have been..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 316, 34 -- Bail - Dowry death - Contents of FIR reflect that immediately after marriage husband and mother-in-law of deceased started taunting deceased that her parents have not given motor-cycle, thus, demand of dowry if any, is against husband and mother-in-law and not against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 395, 397, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 379-B, 395, 397 IPC and S.25 Arms Act - Apart from disclosure statement there is no evidence against the petitioner - Even, no test identification parade was conducted - Keeping in view the facts and period of incarceration already..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forged and fabricated transfer certificate - Transfer certificate was forged and fabricated before it was presented before returning officer along with nomination form - It cannot be said that document in question was forged while it was in custody of Court - Bar u/s 195(1)(b)(ii) Cr.P.C..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Initiation of process in departmental proceeding, especially on charges of sexual harassment can never be said to be amounting to contempt of Court even if criminal proceedings were pending...........
