Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability - Husband filed petition u/s 9 of Hindu Marriage Act - Wife expressed readiness and willingness to resume co-habitation with husband - Decree of restitution of conjugal rights is passed with condition that in case husband does not take wife with him and resume co-habitation, he will pay maintenance..........
Criminal Procedure Code, 1973, Section 156(3), 482, Constitution of India, 1950, Article 227 -- Application u/s 156(3) Cr.P.C. - Direction for registration of FIR and investigation by police - Quashing - Filing of petition u/s Art.227 of the Constitution of India or u/s 482 Cr.P.C. at this stage is nothing but premature, hence not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Only when right to sue survives - Any claim on account of acts of fraud, misrepresentation, improper conduct, malfeasance and misfeasance are personal to the defendant - Heirs of such defendant or any of them cannot be made liable for the tortious and/or criminal acts of their predecessors in interest..........
Indian Penal Code, 1860, Section 376, 354A, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, 33, Protection of Children from Sexual Offences Rules, 2012, Rule 7, Criminal Procedure Code, 1973, Section 220, 221, 357, 357A -- Rape of minor girl by her step father - Aggravated penetrative sexual assault - Prosecutrix gave birth to male child -..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Documents sought to be produced were in the knowledge of petitioner but he failed to produce the same before trial Court - Application dismissed by trial Court by giving sound reasons - order calls for no interference...........
Criminal Procedure Code, 1973, Section 357(1), (3) -- Compensation - Fine if forms part of sentence, Court can award compensation only u/s 357(1) Cr.P.C. and not u/s 357(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, 437, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 PML Act - Evidence on record shows that accused and his wife acquired huge movable and immovable properties - Even, prosecution prima facie successful in proving : (i) predicate crime; (ii) tainted property; and the property..........
Criminal Procedure Code, 1973, Section 177, 178, 179, Constitution of India, 1950, Article 226, 21 -- Mercy petition - Scope of judicial review in rejection of mercy petition is limited as it extends only to material upon which decision is based - Documents and records pertaining to same are in Delhi and decision for rejection of mercy petition by President so taken is in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife working as Anganwari worker and drawing salary to the tune of Rs.3513 p.m - Not a ground to reject her claim for maintenance...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Can be enhanced as per changed circumstances - Rise in prices is changed circumstance as defined u/s 127 Cr.P.C...........
