Criminal Procedure Code, 1973, Section 156(3) -- Direction to register FIR - Where the complaint contains material particulars, mere fact that Magistrate passed order directing registration of FIR without recording any reasons, that itself cannot be reason to set aside said order...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to register FIR - Allegations made in complaint are sufficient enough to make out a case for sexual harassment in work place or any other related offence - Complainant also produced script of messages sent by accused and it was produced as a document along with petition filed u/s 156(3) Cr.P.C - Complaint discloses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 409, 420, 465, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(A), 13(2) -- Bail - Embezzlement of money - Accused is specifically named in the FIR and he is also prima facie found to be involved in the scam - He is behind bars for a substantial period of more than 5..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consented to go with accused with active understanding of circumstance of action and consequences of proposed act - She had sufficient opportunity to disclose, the inducement or threat posed by accused to her family members but she kept everything..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Matrimonial dispute - Dispute between parties settled by obtaining decree of divorce by mutual consent - Criminal proceedings and order taking cognizance, quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Agreement by wife waiving her right of maintenance - Such agreement is against public policy hence void Ab initio - Claim of maintenance by wife cannot be disputed or denied on the basis of void agreement...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorced Muslim wife is entitled to get maintenance till she remarries unless claim for `a reasonable and fair provision and maintenance' to be paid u/s 3 of Muslim Women Act to divorced wife is not paid...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was living separately due to cruel behaviour of husband - Husband not raised any contention that wife is capable of maintaining herself - Wife on the other hand specifically asserted that husband had been getting Rs.1 lakh p.m, though income of husband was not exactly proved - Husband thus, bound to..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 19(4) -- Interim maintenance - Granted by Family Court - Revision u/s 19(4) of Family Courts Act is maintainable...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(e), Criminal Procedure Code, 1973, Section 156(3) -- Jurisdiction - According to the provisions of the Act and the Code, the Exclusive Special Court or the Special Court, has the power to take cognizance of offences under the Act directly and can exercise the powers of a Court of..........