Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Bank Manager of a nationalized bank - Not removable by or save with the sanction of Government - Not covered u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife in a position to maintain herself - Wife is not entitled to any maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Child living with mother - Earning mother should contribute towards the expenses of the child but the expenses cannot be divided equally between the two as mother who has custody of child not only spends money on the upbringing of the child but also spends substantial time and effort in bringing up..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from the date of order - For the court to award maintenance from the date of order there have to be compelling circumstances for the court to take such a view...........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 464, 228 - - Non-framing of charge u/s 376(2)(g) IPC - Evidence on record shows that prosecutrix was subjected to rape by both A-1 and A-2 - When evidence adduced by prosecution is clear that prosecutrix was subjected to rape by more than one person, act clearly falls within S.376..........
Criminal Procedure Code, 1973, Section 156(3), 195 -- Direction to register FIR - S.195 Cr.P.C has no application to control power of Magistrate to entertain an application u/s 156(3) Cr.P.C and direct police to register a report and thereafter make investigation, as S.195 Cr.P.C will only be attracted when Magistrate proceed to take cognizance u/s 190 Cr.P.C...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased aged 15 years, committed suicide because he was humiliated in presence of his classmate which had a grave mental impact - He shared the same with his friend vide Instagram - FIR discloses commission of a cognizable offence - Police concluded..........
Criminal Procedure Code, 1973, Section 437(5) -- Cancellation of bail - Magistrate before cancelling bail is required to issue notice to accused so as to afford him an opportunity to explain as to why bail should not be cancelled - Said course not adopted by Magistrate - Order of cancellation of bail set aside...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bond - Mere failure to appear before Court in the absence of any willfulness on part of accused, would not amount to `a breach' in terms of S.446 Cr.P.C - Manifestly, there has to be an animus on part of accused not to abide by or comply with terms and conditions of bond - Such animus alone makes the failure of..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bond - Before recording satisfaction that breach is committed, Court is required to issue notice and after affording an opportunity to offer any explanation, if Court is not satisfied with said explanation offered by accused, then he has to record such satisfaction that terms of bond have been breached which alone..........
