Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 Cr.P.C - Statement of executant police official was on a printed proforma instead of same having been recorded in Court, which raises doubt about compliance of S.82 Cr.P.C - Order declaring accused as proclaimed person set aside...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Detailed order is not warranted while taking cognizance and issuing summons u/s 204 Cr.P.C - But the proceedings must show that, Magistrate applied his mind to the facts and statements of complainant and his witnesses, to find that there was sufficient ground for proceeding against accused...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to child - Dispute as to paternity of child - Child was born after 9 months and 4 days of marriage of wife with husband which is less than 280 days - Presumption u/s 112 of Evidence Act is thus, applicable on the birth of child and provides legitimacy to her birth and raises a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband due to harassment and cruelty by husband and his family members and husband marrying another woman - It cannot be concluded that wife is living separately from husband without any reason - Wife is thus, entitled to maintenance - Trial Court directed to order afresh on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was seized from accused - Rigour of S.37 of NDPS Act will apply - Accused has no criminal antecedents - There are reasonable grounds to hold that accused has not committed the offence and is not likely to commit..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Highly educated - Not a ground to deny maintenance unless he or she earns for his or her maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Factum of marriage admitted - Divergent version as to living separate which will be decided after parties adduce evidence - Merely because wife is highly qualified, maintenance cannot be denied to her - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Interim maintenance - Revision - Scope is restricted to the extent of examining legality, correctness and propriety of impugned judgment and order...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Paternity of child - DNA test - Husband admits his marriage with wife although it was argued that saptpadi was not done - However, same is not material at this stage - It cannot be said that marriage between parties is not a valid marriage - Wife is seeking DNA examination so as to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bars since 2022 i.e for past almost 2 years - Out of total 14 PWs only 4 have been examined so far - Conclusion of trial may take long time - Accused is not involved in any other case of similar nature - Accused has been..........
