Hindu Marriage Act, 1955, Section 24, Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Rejection of earlier claim for maintenance u/s 125 Cr.P.C made by wife is not a bar to file an application for grant of interim maintenance in proceeding initiated by husband...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34 -- Bail - Dowry death - High Court granted bail to accused relying upon alleged suicide note recovered from dressing table - Complainant submitted that findings of High Court placing reliance upon alleged suicide note would prejudicially affect interest of complainant in..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(r)(s), Indian Penal Code, 1860, Section 323, 143, 504 -- Anticipatory bail - Offence u/ss 3(1)(r)(s) of SC/ST Act and Ss.323, 143, 504 IPC - General and omnibus allegations made against accused - No whisper or averment in FIR that accused..........
Criminal Procedure Code, 1973, Section 438, 439(2) -- Anticipatory bail - Granted with condition that accused should not involve himself in similar or any offence - Two cases registered against accused thereafter - Mere registration of an offence is not breach of condition - Accused is innocent till he is held guilty - Order cancelling bail, set aside...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court in exercise of inherent power u/s 482 Cr.P.C, is not expected to make a meticulous analysis of factual aspect because same is a question to be gone into during course of trial by trial Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 354 -- Quashing of summoning order - Offence u/ss 452, 323, 354 IPC - Summoning order passed on basis of evidence collected by Magistrate, which was perfectly well, in accordance with law - Meticulous analysis of factual aspect need not to be gone into, as same required to be gone into..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B -- Anticipatory bail - Dowry death - No serious allegations of any demand of dowry or any such harassment being met out to deceased at the hands of her husband or other members of his family - However, some allegations were made in the FIR that deceased was being administered some substance..........
Criminal Procedure Code, 1973, Section 204 -- Summoning order - Magistrate not expected to make analytic analysis of evidences at the junction of summoning - At this stage it is to be seen as to whether there exists a prima facie case or not...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Meticulous analysis of factual aspects cannot be gone into in proceedings u/s 482 Cr.P.C, as same is a question to be gone into during course of trial by trial Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court in exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to embark upon factual matrix because same is question before Trial Court to be seen during trial...........
