Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420, 406 -- Quashing of charge sheet - Cheating - Prima facie case made against accused on the perusal of FIR and material collected by I.O on basis of charge sheet was submitted - There appear to be sufficient ground for proceeding against accused - Claim of applicant that being Branch..........
Evidence Act, 1872, Section 32(1), Criminal Procedure Code, 1973, Section 161 -- Death of victim after three months of recording her statement u/s 161 Cr.P.C. - Such statement is relevant and admissible u/s 32 of Evidence Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceedings u/s 125 Cr.P.C are more of summary in nature quasi criminal, where strict principles of Evidence Act are not applied...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Legitimacy of child is disputed by father - However, father declined to undergo DNA test before Court and refused to give his specimen handwriting or blood samples - Even, father not examined a single witness to corroborate and support his stand and simply examined himself and none of his..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Claim sought by father that he is thrown out of his service and that too his new wife was unemployed and working on her own, does not cuts much ice - Considering qualification of father, his emoluments at the time of pendency, rightly awarded maintenance way back in 2015 and which as on date is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage in proceeding u/s 125 Cr.P.C is not a condition precedent for awarding any relief under the said provision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground that there is no legal marriage between parties - However, strict proof of marriage is not required in proceeding u/s 125 Cr.P.C - Moreover, witnesses for wife in course of their evidence have stated about marriage between parties as per Hindu rites and PW2 also attended the marriage -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Question as to whether regular bail can be granted on the ground that accused is granted anticipatory bail - Since the matter is referred to a larger Bench therefore Supreme Court did not deal with this issue any further...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, Essential Commodities Act, 1955, Section 3, 7 -- Anticipatory bail - Offence u/ss 420, 409 IPC and Ss.3, 7 of Essential Commodities Act - Accused was running a rice mill and failed to return required quantity of rice after custom milling - State permitted to attach all the immovable..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - When an agreement is entered into by wife and husband, as a part of compromise filed in the Court or otherwise, whereby wife relinquishes or waives right to claim maintenance in future from the husband, for herself or for the minor children, such an agreement is opposed to public policy and it does not preclude..........
