Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earning wife - No evidence on record to show that wife is actually employed as a tailor and earns income out of it for her livelihood - Mere fact that in marriage certificate, occupation of wife is shown as tailor and she has taken membership in tailors..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Wife is living separately from husband - She had deposed that from March 2009 onwards, they did not have any sexual intercourse - This positive evidence given by wife was not successfully challenged in cross-examination - These instances are sufficient to..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife and children - Husband is a tailor by profession and he runs his own tailoring shop and earns a substantial income - However, according to husband, he is employed as a tailor in a tailoring shop and earns only Rs.750 per day - Husband has produced salary..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of PWs - Cross-examination is statutory right of accused - Unless and until said opportunity is provided to accused, he would not be in a position to put defence in a proper way - For conducting a fair trial, proper opportunity is required to be given to accused...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power vested under provision is made available to any Court at any stage in any inquiry or trial or other proceeding initiated under Cr.P.C for the purpose of summoning any person as a witness or for examining any person in attendance, even though not summoned as witness or to recall or re-examine any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(3) -- (Criminal Procedure Code, 1973, S.41-A) - Notice of appearance before police officer - S.35 does not empower police to summon or question a person without registering any case against him - It only specifies circumstances under which a Police Officer may arrest a person without a warrant...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of quashing, Court is not required to conduct a mini trial - Court has to only consider whether any sufficient material is available to proceed against accused or not - If sufficient material is available, power u/s 482 Cr.P.C. should not be exercised...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Prima facie allegations of harassment and demand of dowry are made out - However, despite that High Court quashed FIR against respondents primarily on the ground that earlier two complaints that were filed by appellant did..........
Criminal Procedure Code, 1973, Section 173 -- A person accused in FIR but removed from list of accused during course of investigation - Police to issue notice to defacto complainant or their legal heirs whenever a person named as an accused in FIR is removed from the list of accused during course of an investigation...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - A person accused in FIR but removed from list of accused during course of investigation - During course of trial, appellant being a witness, will certainly have an opportunity to adduce evidence regarding all the persons who according to her participated in commission of offence - If such evidence is..........
