Criminal Procedure Code, 1973, Section 26 -- Trial of offences - `Case' and a `counter case' - One triable exclusively by Sessions Court and other not triable exclusively by Court of Sessions - Can be tried by Court of Sessions to avoid conflicting judgments...........
Criminal Procedure Code, 1973, Section 83, Indian Penal Code, 1860, Section 120B, 174A, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Proclamation - Offence u/ss 120-B, 174-A IPC and Ss.13(1)(d), 13(2) of P.C. Act - Petitioners failed to appear before trial Court despite issuance of no, bailable warrants - No cogent document emerged on record to infer that..........
Criminal Procedure Code, 1973, Section 147 -- For - exercising power u/s 147 Cr.P.C. Magistrate is required to state the grounds of his being so satisfied that there exists a dispute likely to cause breach of peace and also to record that right of user has been exercised within a period of three months next before receipt of report of a police officer or other information..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Wrong facts mentioned in nomination paper for election does not constitute offence of cheating - Remedy available to complainant is to challenge the election at appropriate forum rather than filing of FIR - Allegation made in FIR does not..........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378(3) - Appeal against acquittal filed by victim - It is not necessary for filing a separate petition for leave to entertain appeal before preferring an appeal against acquittal by victim u/s 372 Proviso, Cr.P.C. - Composite application can be entertained...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Qualified wife - Qualification is different from earning - Maintenance cannot be refused in case wife is not earning - Leave about any source of income even wife got, that is not the be all to refuse maintenance, but for at best that also to be taken into consideration...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorced wife is entitled to maintenance till her remarriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - During pendency of petition husband obtained divorce which is not finalised as appeal is pending - Court can at best take the same into consideration as a subsequent event pending lis and even taken it into consideration that permanent alimony is not awarded there is no bar to claim maintenance even after..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of - Husband worked as software engineer, affluent and established own company by showing wife also one of promoters therein - Though he did not work now due to health problems, but taking into account the materials on record, as he sold away some of his properties and got means and even maintain..........
Criminal Procedure Code, 1973, Section 482, 468(b) -- Order taking cognizance - Quashing of order - Offence in question is punishable with one year imprisonment - Cognizance of offence taken after a period of more than three years - Order taking cognizance as well as entire proceedings qua petitioner quashed...........
