Topic Details
Topics Headnote Judgement
CODE OF CRIMINAL PROCEDURE, 1973 PDF
CODE OF CRIMINAL PROCEDURE, 1973 Interpretation of Statute — CrPC — S 125 & 126(1) — Maintenance to the parents — Territorial Jurisdiction — Application by parents for grant of maintenance at the place of their residence — Held, the benefit given to the wife and the children to initiate proceeding at the place where they reside is not given to the parents — A bare reading of the Section makes it clear that the parents cannot be placed on the same pedestal as that of the wife or the children for the purpose of Section 126 of the Code. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 125 — Maintenance to the parents — Obligation of daughter — Held, daughter also is liable to maintain her parents, without making any distinction of unmarried daughter or married daughter. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 125 — Maintenance to the parents — By married daughter — Ordering of — Held, Before ordering maintenance in favour of a father or a mother against their married daughter — the Court must be satisfied that the daughter has sufficient means or income of her husband — & that the father or the mother, as the case may be, is unable to maintain himself or herself — Dr. Mrs. Vijaya Arbat vs. Kashirao Sawaui and another —relied. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 239 — PC Act — Ss 13(1)(d) r/w 13(2) & 15 —IPC — S 120B — Discharge by Trial Court — Reversal by High Court — Conferring undue advantage upon the owners of the land — unilateral Agreements — not signed by the appellants— names of the appellants not mentioned in FIR— agreements not even recovered from the custody of the appellants — Held, agreements being unilateral and not bearing the signatures of the appellants, mere execution of such agreements cannot be considered as a relevant circumstance against the appellants — nothing on record to indicate that the consideration mentioned in the agreement could be traced to the appellants — no statement by any of the witnesses — No proximity or meeting of minds between the appellants and any of the other accused —Order of discharge restored. PDF
CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 389 —Sentence imposed by trial Court — Suspension of —Pendency of appeal — Evidence of the only two eye witnesses being discarded by the court below — Recovery & discovery —placed reliance on —by the trial Court — Hostile Panch witness — Contents of memos — Investigating Officer — non deposition of — Held, considering the nature of evidence sentence suspended —bail granted— IPC — Ss 302, 363 & 365. PDF