Criminal Procedure Code, 1973, Section 439 -- Bail - Mere claim of innocence or undertaking to participate in the trial or contention of absence of specific allegation of any overt act cannot be assigned as reasons for grant of bail in a case of serious nature...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay in registering the FIR could not be held to be a ground adverse to the case of prosecution, as FIR is only a corroborative piece of evidence and not a substantive piece of evidence...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder by poisoning - FIR lodged when the report of Chemical examiner was received - There was no mala fide intention on the part of any of witnesses or the police not to register the FIR or to delay the registration of FIR - Mere delay in registering the FIR could..........
Criminal Procedure Code, 1973, Section 190(1) -- Protest petition - Cannot be entertained after taking cognizance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Where earning of wife is good, that factor can always be considered, as joint parenting is always best for upbringing of child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Amount of maintenance @ Rs.20,000 reduced by High Court to Rs.7,500 p.m merely noticing that earlier husband was in business and now he was in debt and in financial distress - Order of High Court reducing maintenance cryptic and is bereft of reasons and thus, set aside - Matter remanded to High..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles/ornaments/currency notes - Articles/ornaments/currency notes have been seized only on the count that when personal search of petitioner was made before his arrest, he was wearing the same - Same has no direct or indirect nexus with alleged crime - No objection from taxation department or income..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Decision taken in a case u/s 125 Cr.P.C. and u/s 12 of the D.V. Act have no binding effect on each other...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance petition u/s 125 Cr.P.C. - If rejected then wife is not precluded from claiming maintenance or other monetary remedy under D.V. Act...........
