Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26 -- Maintenance to wife - Wife failed to prove that she was legally wedded wife of husband or she entered into domestic relationship with husband - Thus, wife is not entitled to relief of maintenance either u/s 125 Cr.P.C. or under PWDV Act...........
Criminal Procedure Code, 1973, Section 482, 464, 218, 216, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 11(j), 26 -- Quashing of proceedings - Framing of composite charge of offences - Defect in framing charge - If any, is an irregularity curable by trial Court on prayer of party or on his own motion and it is not an illegality which may vitiate..........
Criminal Procedure Code, 1973, Section 218 -- Charge - Separate charges for every distinct offence of which any person is accused should be framed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Legally wedded wife - Marriage between husband and wife not legal as per Hindu Marriage Act, as husband entered into a `Sagai Vivah' with wife - Even both husband and wife are previously married and entered into a customary divorce, which is also not legal - Thereafter both entering into relationship with..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 366, 376, 342 -- Summoning of additional accused - Revision filed against order summoning additional accused - In the mean time accused acquitted as prosecution case not proved - This order became final as no appeal filed thereagainst - Impugned order of summoning of additional accused quashed...........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 120-B IPC - Illegal gratification for purpose of exchange of land - There is no evidence on record to show that petitioner has meeting with the Collector who passed the order or that present petitioner approached Collector to secure order in his favour..........
Criminal Procedure Code, 1973, Section 156(3), 401 -- Application u/s 156(3) Cr.P.C. - Accused has no right to be heard by Magistrate - However, accused has right to be heard when revision is filed against order dismissing application u/s 156(3) Cr.P.C. - Impugned order passed by revisional Court without giving an opportunity of hearing to accused set aside - Matter..........
Criminal Procedure Code, 1973, Section 173(8), 190 -- Further investigation - Cannot be directed by Magistrate at the instance of de facto complainant after taking cognizance of offence on the basis of charge sheet submitted by police...........
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 145 -- Witness contradicted with his statement u/s 161 Cr.P.C. - No part of his testimony can be taken into account for determining the culpability of accused...........
Essential Commodities Act, 1955, Section 10A, Criminal Procedure Code, 1973, Section 154 -- FIR - Police on receipt of information as to commission of cognizable offence, has to register FIR...........
