Criminal Procedure Code, 1973, Section 125 -- Maintenance - House rent allowance does not come in the purview of maintenance allowance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughters - Merely because wife is capable of earning, is not sufficient ground to refuse maintenance to minor daughters...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea by husband that he does not have means to pay or he does not have job or his business is not doing well - These are only bald excuses - In fact, these have no acceptability in law - If husband is healthy, able bodied and is in the position to support himself, he is under legal obligation to support his minor..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 83 -- Quashing of FIR - FIR against child below 12 years - Charge sheet filed before Juvenile Justice Board - Quashing of FIR sought on the ground that FIR could not have been filed as per S.83 of IPC - Petitioner through his legal guardian is thus, allowed to file a suitable application in..........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C - False explanation or non-explanation u/s 313 Cr.P.C can only be used as an additional circumstance, when prosecution has proved chain of circumstances leading to no other conclusion than guilt of accused - However, it cannot be used as a link to complete the chain...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 25A, Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Recovery of 325 gms heroin and 390 gms pseudoephedrine - Accused who was a proprietor of a courier agency was complicit with a foreign national in booking of two parcels containing..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Addition of more serious offences - Can be taken as an overwhelming circumstances warranting cancellation of bail - But accused should be put on notice regarding such overwhelming circumstances and order cancelling bail, should reflect consideration of those circumstances and consequence need for..........
Criminal Procedure Code, 1973, Section 482 -- Fair and impartial investigation - It is imperative on part of I.O. to conduct investigation strictly in accordance with law, in fair and impartial manner without being influenced by any extraneous consideration - Sr.Supdt. directed to ensure investigation be conducted strictly in accordance with law, in fair, impartial and..........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, 1, 14 -- Anticipatory bail - Recovery of illicit liquor - Non-joining of independent witness in terms of S.100 Cr.P.C - No other case under Punjab Excise Act is pending against petitioner except two cases under IPC - Anticipatory bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Interim bail - Recovery of 260 gms heroin - Petitioner sought interim bail for a special purpose of attending marriage of his sister - He is also involved in 4 more cases pertaining to NDPS Act - However, interim bail for one day under proper custody of police is..........
