Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - For summoning an additional accused u/s 319 Cr.P.C. mere prima-facie case is not sufficient - It is to analyze, whether before trial Court material was sufficient to summon petitioners u/s 319 Cr.P.C. or not...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Informant and injured witnesses stated that petitioners along with others made assault due to which three persons sustained injuries - However, FIR lodged after three months of incident, therefore, there is inordinate delay in lodging FIR - After considering the fact that there is inordinate..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Criminal Procedure Code, 1973, Section 125, 128 -- Ex parte quashing order - High Court by ex parte order quashed the impugned order of issuing warrant of recovery and arrest to recover the arrears of maintenance without giving an opportunity to appellant in whose favour maintenance order was passed - Ex parte quashing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso - Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of Negotiable Instruments Act is entitled to maintain an appeal against acquittal even without seeking leave of Court...........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition filed u/s 12 of Hindu Marriage Act - Wife has been residing separately and depending upon mercy of her parents at Rajahmundry - She has instituted two criminal cases against husband in Rajahmundry and also filed a Domestic Violence Case and same are pending for adjudication and husband also attending the Court..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 413 -- Appeal against acquittal - Appellate Court in criminal appeal against acquittal has to examine that whether finding of Court below is perverse and prima facie illegal - Once appellate Court comes to finding that grounds on which judgment is based is not perverse, scope of appeal against acquittal is limited..........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378 - Appeal against acquittal - An appeal against an order of acquittal in a proceeding preferred by complainant squarely falls within ambit of S.372 Proviso Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Suffering sentence in default of payment as a probable consequence does not relegate husband's responsibility to pay maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere earning of wife does not ipso facto renders her ineligible to get maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Nothing on record to show that wife is sufficiently earning to maintain herself in the same status and strata with husband and husband has not adduced any positive evidence to that effect - Since it is obligation of husband to maintain his wife, he cannot be permitted to take plea that he is unable to..........
