Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Hearing of matter would likely take a long time - Appellant remained on bail during entire course of trial and appeal and he did not misuse liberty so granted to him - Sentence awarded to appellant suspended..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Jurisdiction of Court - Transfer of case - Mere fact that another Court might also be empowered to take cognizance of matter u/s 142 of N.I Act since the cause of action arose within that jurisdiction, cannot by itself be a ground for seeking transfer u/s..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Transfer of cases u/s 406 Cr.P.C. may be allowed when there is a reasonable apprehension backed by evidence that justice may not be done - Mere convenience or inconvenience of parties may not by itself be sufficient enough to pray for transfer...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Mere inconvenience or hardship that accused may have to face in travelling from one place to other would not fall within the expression expedient for the ends of justice...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - While considering an application for transfer of trial some of broad factors which could be kept in mind are: (i) when it appears that State machinery or prosecution is acting hand in glove with accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of prosecution; (ii)..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Law never appreciates those wives, who remain idle only to saddle liability of paying maintenance on husband by not working or not trying to work despite having proper and high qualification...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Well educated wife - Wife can support herself financially by doing a suitable job - Wife was doing job earlier - Wife was jobless at the time of filing of application for grant of maintenance but she was having definite prospect to work and earn her livelihood - Taking into consideration that husband has a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Right to maintenance u/s 125 Cr.P.C is not a benefit received by a wife but rather a legal and moral duty owed by husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground of subsistence of first marriage of wife - First marriage of wife though not legally dissolved but wife is separated from her first husband and is not deriving any rights and entitlements as a consequence of that marriage - Moreover, respondent/second husband knowingly entered into..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to wife - During the lifetime of husband no other family member is liable to maintain his wife u/s 125 Cr.PC or under Hindu Law - However, after death of son, widow daughter-in-law is entitled to get maintenance from his father-in-law u/s 19 of Hindu Adoptions..........
