Search Results for "section 125 CrPC"

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Search Results for "section 125 CrPC"

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High Court

High Court of Karnataka Considers Validity of Supplementary Charge Sheet Under Section 173(8) CrPC After Judicial Discharge of Accused in Property Forgery Matter. The core issue is whether prosecution can file a supplementary charge sheet resurrecting a discharged accused, circumventing the provisions of Section 319 CrPC.

5 Jul 2024

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High Court

Bombay High Court Quashes Default Sentence in DV Act Maintenance Case — Sentencing Without Prior Notice Violates Natural Justice. Imprisonment for non-payment of interim maintenance under Section 125(3) CrPC read with Section 28 DV Act requires prior notice and opportunity of hearing before sentencing.

26 Feb 2024

The petitioner, Vikram Ramesh Rughani, challenged an order dated 20 January 2024 passed by the Metropolitan Magistrate in C.C. No. 96/DV/2018, sentenc...

High Court

Bombay High Court Allows Husband's Petition Challenging Maintenance Order, Sets Aside Sessions Court's Order for Lack of Justification for Denial of Maintenance from Date of Application. The court upheld the wife's entitlement to maintenance under Section 125 CrPC but remanded the issue of the date from which maintenance is payable for fresh consideration.

25 Jun 2013

The case involves two criminal writ petitions arising from a maintenance dispute under Section 125 of the Code of Criminal Procedure, 1973 (CrPC). The...

High Court

Bombay High Court Dismisses Husband's Revision Seeking Cancellation of Wife's Maintenance — Temporary Employment Not Sufficient Ground Under Section 127 CrPC. The court held that temporary nature of wife's job does not amount to change in circumstances to cancel maintenance under Section 127 of Code of Criminal Procedure, 1973.

25 Aug 2015

The case involves a criminal revision filed by Prashant Manikrao Bagade (applicant/husband) against the judgment and order dated 22.10.2010 passed by ...

High Court

Bombay High Court Allows Maintenance to Divorcée Despite Cruelty Ground for Divorce — Section 125 CrPC Entitlement Not Barred by Prior Decree of Divorce on Ground of Cruelty. The court held that the ground of divorce does not automatically disentitle a divorced wife from claiming maintenance under Section 125 CrPC; the court must consider her inability to maintain herself and conduct after divorce.

9 Feb 2018

The case involves a criminal writ petition filed by Smt. Abhilasha Kamble and her minor daughter against Nilesh Meshram and the State of Maharashtra. ...

High Court

Bombay High Court Restores Maintenance to Wife in Section 125 CrPC Case — Revisional Court Exceeded Jurisdiction by Reappreciating Evidence Without Finding Perversity. The High Court held that the revisional court cannot interfere with findings of fact unless perverse, and restored the Magistrate's order granting Rs. 1000/- per month maintenance.

6 Aug 2015

The applicant, Sau. Usha Uddhav Chanphane, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging the judgm...

High Court

Bombay High Court Quashes Investigation Order Against Chief Secretary in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act. Court held that no court can take cognizance of an offence under the Act without prior sanction for prosecution of a public servant, and the order under Section 156(3) CrPC directing investigation was invalid as it effectively bypassed the mandatory sanction requirement.

22 Apr 2019

The applicant, UPS Madan, who was the Additional Chief Secretary (Finance) and later Chief Secretary of Maharashtra, filed an application under Sectio...

High Court

Bombay High Court Enhances Maintenance for Wife and Minor Son in Section 125 CrPC Case — Husband's Income Not Properly Disclosed. Maintenance Amounts Increased to Rs.750/- and Rs.500/- per Month Respectively from Date of Application.

21 Sep 2006

The petitioners, wife and minor son, filed an application under Section 482 CrPC challenging the judgment and order dated 31.1.2006 passed by the Addi...

High Court

Bombay High Court Dismisses Husband's Revision Against Maintenance Order Under Section 125 CrPC — Wife's Lactation Due to Medical Condition Not Proof of Adultery. Husband's Allegations of Unchastity Unsubstantiated; Maintenance to Wife and Daughter Upheld.

27 Mar 2023

The case involves a criminal revision application filed by Rajendra Sahare (husband) challenging the judgment and order dated 11th April 2012 passed b...

High Court

Bombay High Court Allows Revision Against Discharge in Forgery Case, Restores Process Against Accused. Court holds that Magistrate's order discharging accused for want of sanction under Section 197 CrPC was erroneous as the accused, an advocate, was not acting in discharge of official duty when allegedly forging documents.

22 Feb 2018

The case arises from a complaint filed by Pawankumar Sarraiya (later prosecuted by his widow Sudha Sarraiya) alleging forgery of a will by the accused...

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