Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Wife obtained divorce from her previous husband in customary manner - When second husband/respondent married applicant knowing fully well that her earlier marriage had not ended in a valid divorce, then respondent is estopped from raising a plea u/s 125..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - There is no evidence to make out that respondent has some employment and he has some fixed salary and income from any source - However, respondent is an able bodied person who can earn livelihood and pay maintenance to applicant - Hence, on this basis respondent directed to make payment of Rs.2,500/- per month to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 37 -- Bail - Recovery of 290 gm smack - Accused has not been produced before Magistrate or Gazetted officer - None of police officer of raiding party who recovered alleged contraband from him were Gazetted Officer - They were not empowered to make search of..........
Criminal Procedure Code, 1973, Section 110, 111, 116 -- Bond for good behaviour - Order passed u/s 111 Cr.P.C, did not say anything about amount of bond to be executed and nature of number, character and class of sureties that were required to be furnished - This is a clear violation of S.111 Cr.P.C - Moreover, no cogent reasons were recorded in writing as envisaged in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is a government servant and is getting salary of Rs.40,186 after necessary deductions - Taking into account the fact of rise in inflation, rise of cost of living and also taking into account that girl child was born in the year 2004 and as of now is about 16 years of age and also..........
Criminal Procedure Code, 1973, Section 216(1) -- Addition of charge - Test to be applied in exercising power to add a charge - It is existence of sufficient materials on record which have direct link, nexus or connection with ingredients of offence...........
Criminal Procedure Code, 1973, Section 216(1) -- Addition of charge - When trial Court exercises power u/s 216 Cr.P.C that too at a stage after examination of accused u/s 313 Cr.P.C to add a charge for an offence which prosecution has not alleged against accused, it is necessary that trial Court shall specifically indicate the materials on record which form basis for..........
Criminal Procedure Code, 1973, Section 216(1) -- Addition of charge u/s 202 IPC - Trial Court while adding charge has not indicated with certainty as to what material is on record which prima face shows that accused have committed offence u/s 202 IPC - Keeping accused in dark of those materials would cause serious prejudice to them - Order of addition of charge u/s 202 IPC..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Recovery of 7.79 gms heroin - Intermediate quantity recovered from accused which is very close to small quantity - Rigors of S.37 of NDPS Act not attracted in the case - Petitioner is involved in five FIRs registered against her under NDPS act, but..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denial of - Wife living separately from her husband over a long period of time - She could not produce any plausible evidence to establish her claim that her husband was responsible for termination of their relationship - Facts and circumstances showing that husband made efforts to bring back wife which..........
