Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband cannot be permitted to plead that he is unable to maintain wife due to financial constraints as long as he is capable of earning...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - No regular source of income of husband - However husband earning from music programmes and also helping his father economically - Award of maintenance of Rs.4000/- per month not excessive in the present scenario...........
Criminal Procedure Code, 1973, Section 449 -- Forfeiture bond - Passport of appellant was taken into possession during investigation - Investigating Officer punched the passport, however, when it was returned, it was in punched condition - After obtaining permission for going abroad, appellant visited Australia and appellant overstayed in Australia and returned and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Quashing of complaint - Notice - Plea of non service of notice - Complainant produced certain documents to show that such notice was sent by registered post in the given address and service of same is authenticated by postal department - Moreover, Court cannot..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 324, 325, 148, 149, 506, 427 -- Anticipatory bail - Offence u/ss 452, 324, 325, 148, 149, 506, 427 IPC - Petitioner is attributed a `simple injury' only and it is not a case that a large number of injuries have been caused to complainant - Bail granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proof of valid marriage - Strict standard of proof of marriage is not necessary in proceedings u/s 125 Cr.P.C. - When parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance u/s 125 Cr.P.C. - In the instant case parties resided together..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Scope of inquiry u/s 202 Cr.P.C is extremely restricted only to finding out truth or otherwise of allegations made in complaint in order to determine whether process should be issued or not u/s 204 Cr.P.C or whether complaint should be dismissed by resorting to S.203 Cr.P.C on the footing that there is..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - At the stage of issuance of process to accused, Magistrate is not required to record detailed orders - But based on allegations made in complaint or evidence led in support of same, Magistrate is to be prima facie satisfied that there are sufficient grounds for proceeding against accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of FIR - Offence u/s 406 IPC - Compromise - Parties have reached a settlement and dispute between parties amicably settled - Complainant does not want to hold accused responsible - Quashing of FIR would definitely be to secure ends of justice and to prevent abuse of process of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners named in FIR and specific role was assigned to them - Name of petitioners were also mentioned in statement u/s 161 Cr.P.C, but police without assigning any cogent reason, submitted a Final Report - Specific role was assigned to petitioners in the statements of PWs in Court - Number..........
