Criminal Procedure Code, 1973, Section 401(2) -- Revision against order dismissing complaint at pre-cognizance stage - Summoning of proposed accused in revision - Provision of 401(2) Cr.P.C does not prohibit Court from summoning proposed accused in revision petition even if petition is against an order dismissing complaint at pre-cognizance stage...........
Criminal Procedure Code, 1973, Section 53, 482 -- Non-bailable warrants - Petitioners were evading service despite having knowledge of issuance of summons - Non-bailable warrants were issued against them - Even after issuance of non-bailable warrants, petitioners instead of putting appearance before Court and praying for cancellation of said warrants, approached High Court..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife has reasonable grounds not to stay in company of husband - She has no independent source of income to maintain herself - Claim of wife for maintenance examined in context of standing and earning of parties and standard of living wife would have enjoyed in the company of her husband - Amount of monthly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Lady in a live-in-relationship is not entitled to get maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Detailed enquiry on marital status is not called for in a maintenance case, but Court is only to arrive at a prima facie satisfaction about marital status of parties from the materials produced for its consideration...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Marriage between parties declared as null and void by civil Court - Wife not entitled to maintenance, as parties never had status of husband and wife - Impugned order of granting maintenance to wife set aside...........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Accused entitled to apply for a grant of bail if trial of any non-bailable offence is not concluded within a period of 60 days from first date fixed for taking evidence in the case - But this right is not an absolute right and Magistrate for reasons to be recorded in writing can reject application even u/s 437(6)..........
Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 380, 457 -- Bail - Offence u/ss 380, 457 IPC - Applicant alongwith others committed a theft of Rs.75,000 and gold articles - Though offence are triable by Magistrate but not bailable and maximum punishment can go upto 5 years, 7 years, 14 years respectively, it cannot be said that Magistrate..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage is not necessary in proceeding u/s 125 Cr.P.C and even if marriage between parties is not solemnized by performing essential rituals but if the parties have lived over a long period of time as man and woman considering themselves husband and wife, the law would presume marriage..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In a proceeding u/s 125 Cr.P.C, which is primarily of civil nature strict rules of evidence are not applied by Court rather Courts act on basis of preponderance of probability which would have a positive element of happening of a certain fact...........
