Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband has been taken by Court below not less than Rs.40,000 to 50,000 - However, Court awarded lesser amount of maintenance @ Rs.7000 p.m - Without making any interference on merits and factual matrix of case, maintenance amount enhanced from Rs.7000 to 10,000, which shall be payable from..........
Criminal Procedure Code, 1973, Section 17(2) -- Powers of Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate - Additional Chief Metropolitan Magistrate can be said to be at par with Chief Metropolitan Magistrate in so far as powers to be exercised under Cr.P.C are concerned...........
Criminal Procedure Code, 1973, Section 226 -- Charges - Before the Court proceeds to frame the charge against accused, Public Prosecutor owes a duty to give a fair idea to Court as regards case of prosecution...........
Criminal Procedure Code, 1973, Section 228, 227, 239, 240 -- Framing of charge - Case may be a sessions case, a warrant case or a summons case, prima facie case must be made out before a charge can be framed...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 304(Part II) -- Framing of charge u/s 304(Part II) IPC - Trial Court while discharging accused u/s 302 IPC proceeded to frame charge u/s 304(Part II) IPC by taking into consideration medical evidence on record - Whether the case falls u/s 302 IPC or S.304(Part II) IPC, could have been decided..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - While performing official duty, if a person acts in excess of his duty and there is a reasonable connection between the act and performance of official duty, act done in excess cannot be regarded as a sufficient ground to deprive public servant of protection u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - To arrest a fleeing accused, force can be used - If in that process any injury is caused, it cannot be said that police officer was not acting in discharge of his duty - Sanction for prosecution of police officer is necessary before taking cognizance...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Entire case is based on circumstantial evidence - No incriminating article was recovered from possession of accused - Credibility of testimony of witnesses is to be examined by trial Court at the relevant time - No apprehension if accused released on bail is going to..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No intention on the part of accused to deceive complainant at the time of execution of work contract between parties - Action of parties have been circumscribed within terms and conditions of said agreement - No ingredients of cheating u/s 415 IPC can be found..........
Criminal Procedure Code, 1973, Section 439, 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Bail - Sexual assault - Tutoring a victim at the hands of parents, especially when victim is a child, cannot be ignored even while considering an application for regular bail or pre-arrest bail...........
