Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Amount of maintenance @ Rs.20,000 reduced by High Court to Rs.7,500 p.m merely noticing that earlier husband was in business and now he was in debt and in financial distress - Order of High Court reducing maintenance cryptic and is bereft of reasons and thus, set aside - Matter remanded to High..........
Criminal Procedure Code, 1973, Section 482 -- Second petition u/s 482 Cr.P.C. on grounds which were available even at the time of filing of first petition - Not maintainable...........
Criminal Procedure Code, 1973, Section 482 -- Second petition u/s 482 Cr.P.C. - No blanket rule that second petition u/s 482 of the Code would not lie in any situation - It depends upon facts and circumstances of individual case...........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing FIR - Rejection of petition without going into merits of the case made out by appellant - Impugned order set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 389(1), 439(2) -- Suspension of sentence during pendency of appeal - Cancellation - S.389(1) second proviso is on par with S.439(2) Cr.P.C. - Court can even suo moto issue a notice calling upon accused to show cause why bail should not be cancelled - Under no circumstances, bail granted to accused u/s 389(1) Cr.P.C can be cancelled..........
Criminal Procedure Code, 1973, Section 389(1), 439(2) -- Suspension of sentence during pendency of appeal - Cancellation - For default of Advocate appointed by accused, appellate Court cannot penalize accused by proceeding to cancel his bail only on the ground that his advocate has sought adjournment and that also without giving an opportunity of being heard to him on the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere hostility by a witness, per se, would not be a sufficient ground to infer misuse of concession of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Where on consideration of the facts and circumstances of a case, Court is satisfied that there are cogent and overwhelming circumstances indicating misuse of concession of bail, it becomes imperative upon the Court in the interest of justice to withdraw such concession forthwith...........
