Section 125 CrPC. – Advocatetanmoy Law Library

Sk. Alauddin @ Alai Khan vs Khadiza Bibi @ Mst. Khodeja Khatun-05/12/1990

Posted by Advocatetanmoyon September 9, 2021in CALCUTTA HIGH COURT JUDGMENTS

Whether the learned Magistrate has the jurisdiction to restore the proceeding under Section 125, Cr.P.C. to file once it is dismissed for default.

Abrar Mohd. vs Smt. Noorjahan Bano-22/03/2017

Posted by Advocatetanmoyon September 9, 2021in MADHYA PRADESH HIGH COURT

Magistrate has jurisdiction to allow amendment application under Section 125 of Cr.P.C.

Sabita Sahoo vs Capt. Khirod Kumar Sahoo-20/03/1990

Posted by Advocatetanmoyon September 9, 2021September 9, 2021in Orissa High Court

it would be reasonable to assume that the Magistrate is vested with all ancillary powers necessary for the purpose of effectual and proper exercise of jurisdiction vested in him under Section 125, Cr.P.C. The power to permit the petitioner to amend the application under Section 125, Cr.P.C. is, in my view, an ancillary power of a purely procedural nature.

Constitutional vision of Justice in connection with Sec 125 of Cr.P.C

Posted by Advocatetanmoyon June 14, 2021in CIVIL

Of late, in this very direction, it is emphasized that the Courts have to adopt different approaches in "social justice adjudication", which is also known as "social context adjudication" as mere "adversarial approach" may not be very appropriate. There are number of social justice legislations giving special protection and benefits to vulnerable groups in the society.

Bhagwan Dutt Versus Smt. Kamla Devi and another-07/10/1974

Posted by Advocatetanmoyon January 31, 2020January 31, 2020in Supreme Court Judgments

As the Magistrate is required to exercise that discretion in a just manner, the income of the wife, also, must be put in the scales of justice as against the means of the husband.

Chaturbhuj Versus Sita Bai-27/11/2007

Posted by Advocatetanmoyon January 31, 2020January 31, 2020in Supreme Court Judgments

Criminal Procedure Code, 1973—Section 125—Phrase “unable to maintain herself”—Meaning of—It would mean that means available to deserted wife while she was living with her husband and would not take within itself efforts made by wife after desertion to survive somehow.

Aviral Bhatla Vs Bhawana Bhatla[ALL SC 2009 FEBRUARY]

Posted by Advocatetanmoyon April 1, 2018in CIVIL

KEYWORDS:- DOMESTIC VIOLENCE-SETTLEMENT DATE:-18-02-2009 AIR 2009 SCW 6622 : (2009) 3 SCALE 120 : (2009) 3 SCC 448 (SUPREME COURT OF INDIA) Aviral Bhatla Appellant Versus Bhawana Bhatla Respondent (Before : Arijit Pasayat And Asok Kumar Ganguly, JJ.) Transfer Petn. (Civil) Nos. 431 with 1052 of 2008, Decided on : 18-02-2009. Hindu Marriage Act, 1955—Sections…

Danial Latifi & Anr vs Union Of India [ALL SC 2001 SEPTEMBER]

Posted by Advocatetanmoyon March 19, 2018in CIVIL

KEYWORDS:- MAINTENANCE OF MUSLIM WIFE DATE: 28 September, 2001 ACTS:- Muslim Women (Protection of Rights on Divorce) Act, 1986-Section 125 CrPC. Supreme Court of India Danial Latifi & Anr vs Union Of India Author: R Babu Bench: G.B. Pattanaik, S. Rajendra Babu, D.P. Mohapatra, Doraiswamy Raju, Shivaraj V. Patil CASE NO.: Writ Petition (civil) 868 of 1986 JUDGMENT:…

SUPREME COURT OF INDIA

Rekha Jain Vs. State of Karnataka & Anr-10/05/2022

SECTION 420 IPC-In the absence of any allegation of inducement by the accused Rekha Jain, she cannot be prosecuted for the offence under Section 420 of IPC.

Biltu Bhattacharya Vs. State of West Bengal-10/05/2022

CRIMINAL REVIEW PETITION DISMISSED-SEC 302 IPC-We have gone through the grounds raised in the Review Petition and do not find any error apparent on record to justify interference.

Jacob Puliyel Vs Union of India-02/05/2022

Imposing restrictions on the rights of persons who are unvaccinated is totally unwarranted as there is no basis for discriminating against unvaccinated persons. Vaccinated people are also prone to infection

Shraddha Gupta Vs. State of Uttar Pradesh and Ors – 26/04/2022

Whether, a person against whom a single FIR/charge sheet is filed for any of the anti-social activities mentioned in section 2(b) of the Gangsters Act, 1986 can be prosecuted under the Gangsters Act. In other words, whether a single crime committed by a ‘Gangster’ is sufficient to apply the Gangsters Act on such members of a ‘Gang’

Manisha Vs. State of Rajasthan and Anr- 19/04/2022

At the stage of granting bail the Court is not required to enter into a detailed analysis of the evidence in the case. Such an exercise may be undertaken at the stage of trial.

Jagjeet Singh & Ors VS Ashish Mishra @ Monu & Anr-18/04/2022

The victim’s right to participate in criminal trial and his/her right to know the status of investigation, and take necessary steps, or to be heard at every crucial stage of the criminal proceedings, including at the time of grant or cancellation of bail, were also duly recognised by the Committee.

Kamatchi Vs. Lakshmi Narayanan-13/04/2022

The provisions of the Act contemplate filing of an application under Section 12 to initiate the proceedings before the concerned Magistrate. After hearing both sides and after taking into account the material on record, the Magistrate may pass an appropriate order under Section 12 of the Act. It is only the breach of such order which constitutes an offence as is clear from Section 31 of the Act.

State of Uttar Pradesh Vs. Subhash @ Pappu-01/04/2022

Whether respondent -accused can be convicted for the offence punishable under Section 302 IPC r/w Section 149 IPC when the deceased died due to septicemia after a period of thirty days