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Dipak Subhashchandra Mehta Vs. C.B.i and anr

Court : Supreme Court of India

Subject : Criminal

Acts : Companies Act, 1956 - Chapter 9; Indian Penal Code (IPC), 1860 - Sections 406, 420, 467, 468, 471, 120B; Code of Criminal Procedure (CrPC), 1973 - Section 439, 239

dated 20.04.2011. The appellants therein moved applications before the High Court under Section 439 of the Code of Criminal Procedure, 1973. The same came to be rejected by the learned Single Judge by his order dated 23.05.2011. Aggrieved … appeal is disposed of on the above terms. [Aftab Alam; Anil R. Dave, JJ.] Companies Act, 1956 - Chapter 9 -- Leave granted. The appellant herein was not arrested in this case and formal bail was granted to him … 420, 467, 468, 471 read with Section 120B of the Indian Penal Code, 1860 (in short `IPC'). In connection with the said FIR, the appellant

Allabuksh Karim Shaikh Vs. Smt. Noorjahan Allabuksh Shaikh and Another

Court : Mumbai

Subject : Criminal

Reported in : (1994)96BOMLR761; 1994CriLJ2826; 1994(2)MhLj1376

that 'every proceeding under Chapter IX of the Code of Criminal Procedure, 1973, which is pending .......' before any Magistrate under the said Code, and … force of the Act (i.e. the Muslim Women Act, 1986), provisions of Section 125 or Section 127 of the Criminal Procedure Code stand repealed' and that the same 'is clear from the language of Section 7'. We are afraid, and … by a divorced Muslim wife and minor daughter against their husband and father under section 125 of the Code of Criminal Procedure claiming maintenance for each of them. The application has been dismissed so far it related … 4 of the Muslim Women Act there is no such limit fixed. 9. A three-Judge Bench of the Andhra Pradesh High Court in Usman Khan

Charanjit Kaur and anr. Vs. Darshan Singh

Court : Punjab and Haryana

Subject : FamilyCivil

Acts : Hindu Adoption and Maintenance Act, 1956 - Sections 19; Code of Civil Procedure (CPC) , 1908 - Sections 151; Code of Criminal Procedure (CrPC) , 1973 - Sections 125

Reported in : I(2005)DMC661; (2005)139PLR791

1986 S.C. 984 where the Court was interpreting the provisions of Section 125 contained in Chapter IX of the Criminal Procedure Code, 1973 (hereinafter referred as the Code). It has been held in the said judgment, that there is a … the court has wide discretion to grant interim relief while exercising inherent powers under Section 151 of the Code of Civil Procedure but declined interim maintenance for the reason that the petitioner No. 1 has not filed … Court reported as Smt. Savitri v. Govind Singh Rawat, A.I.R. 1986 S.C. 984 where the Court was interpreting the provisions of Section 125 contained in

In Re: the Special Courts Bill, 1978 Overruled

Court : Supreme Court of India

Subject : Constitution

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2(4), 4, 4(1), 6, 9, 9(2), 11(2), 177, 189 and 439; Indian Penal Code (IPC) - Sections 116, 120-B, 161 and 420; Constitution of India - Article 14, 21, 32, 133, 134, 138, 139, 140, 141, 143, 246, 246(1), 246(2), 352 and 359

Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476

subject-matter of Clause 6 is the jurisdiction and powers of the Supreme Court. Entry 2 of List III, 'Criminal procedure, including all matters included in the CrPC at the commencement of this Constitution' will also take care of … other offences and accused persons as can be jointly tried therewith at one trial in accordance with the CrPC, 1973.9. A Special Court shall in the trial of such cases follow the procedure prescribed by the said Code … judiciary at the Union and State levels. Article 124, which occurs in Chapter IV of the Constitution called 'The Union Judiciary', provides for the establishment

Vasudev Pardasani Vs. Smt. Nirmala

Court : Rajasthan

Subject : FamilyCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125 to 128 and 488; Constitution of India - Articles 15(3) and 34 and 39

Reported in : II(1996)DMC309; 1996WLC(Raj)UC209; 1996(1)WLN661

This Composite Petition Under Section 397 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) is directed against the combined order dated August … Section 125(3), Cr.P.C.14. The provisions contained in Sections 125 to 128 of Chapter IX of the Code of Criminal Procedure, 1973 are by way of … recover the maintenance allowance due and the costs of this litigation from the petitioner in accordance with law. Criminal Procedure Code - Section 126(i)--Jurisdiction--Husband resides at Delhi and wife at Beawar--Words 'his wife' in sec. 126(i) not in Section … Section 126(i)--Jurisdiction--Husband resides at Delhi and wife at Beawar--Words 'his wife' in sec. 126(i) not in Section 488 CrPC (old)--Held, Family Court at Ajmer had jurisdiction to decide matter.;The petitioner resides at Delhi and the Non-petitioner at … the Civil Court, was also dismissed on August 9, 1977. The petitioner remarried on May 18, 1981

Mrs. Rajashree Alias Vanita Rajesh Dixit Vs. Shri. Rajesh Nagesh Dixit

Court : Mumbai

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 9, 12(1), 24; Family Courts Act, 1984 - Sections 10; Code of Criminal Procedure (CrPC) - Sections 125 to 128; Code of Civil Procedure (CPC) - Sections 144 - Order 47, Rules 1, 1(1) and 9

Reported in : AIR2005Bom352; 2005(4)ALLMR63; 2006(2)BomCR416; II(2005)DMC824

shall apply to the suits and proceedings other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 before a Family Court and for the purpose of the said Provisions of the Code, a Family … parties. 6. Section 10 of the Family Courts Act, 1984 states inter alia that 'the provisions of the Code of Civil Procedure and of any other law for the time being in force shall apply to the … or thereabout, the wife filed P.A. NO. 640 of 2002 under Section 9 of the Act for restitution of conjugal rights on or about 27.9.2002

Amir Pasi Vs. State of Bihar and anr.

Court : Patna

Subject : FamilyCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 127; Family Courts Act, 1984 - Sections 7(2) and 8

maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and(b) such other jurisdiction as may be conferred on … from Rs. 150/- to Rs. 500/- per month exercising its power under Section 127 of the Code of Criminal Procedure.2. The facts, which are not in dispute, are that the opposite party is the lawfully wedded wife of … maintenance allowance from Rs. 150/- to Rs. 500/- per month exercising its power under Section 127 of the Code of Criminal Procedure.2. The facts, which are not in dispute, are that the opposite party is the lawfully … provisions of the Act were enforced in different States on different dates. Chapter III of the Act deals with the jurisdiction of the Family Court … a Magistrate of the First Class under Chapter IX (relating to order for maintenance of wife, children

Khurshid Khan AmIn Khan Vs. Husnabanu Mahimood Shaikh

Court : Mumbai

Subject : Constitution

Reported in : (1976)78BOMLR240; 1976MhLJ628

to maintenance so long as she remains unmarried. There is nothing in Section 125 or chap. IX of the Criminal Procedure Code, 1973 which excludes Muslim women from the benefits of Section 125. Section 125 defines, for the purpose of … month though the learned Judicial Magistrate, First Class had ordered, on the application under Section 125 of the Code of Criminal Procedure, 1973, that the wife is entitled to maintenance at the rate of Rs. 75 per … as she remains unmarried. There is nothing in Section 125 or chap. IX of the Criminal Procedure Code, 1973 which excludes Muslim women from the … benefits of Section 125. Section 125 defines, for the purpose of the chapter, a 'wife' as including 'a woman who has been divorced from her

Prem Singh Vs. Madhu Bala

Court : Rajasthan

Subject : FamilyCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 397; Family Courts Act, 1984 - Sections 19(4)

Reported in : II(1995)DMC603; 1996WLC(Raj)UC309

which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973, for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not … proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973, for the purpose of satisfying itself as to the correctness, legality or propriety of … Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 & 98 & Juvenile Justice Act, 1986, Section 2(h): [Altamas Kabir & Cyriac Joseph,

Anish Antony Thimothy and Others Vs. Neetha and Another

Court : Kerala

Subject : Education

Reported in : 2011(3)KLT409; 2011(3)KHC46

on a Magistrate under Chapter IX of the Code of Criminal Procedure, 1973 in relation to grant of maintenance of wife, children, etc. Learned counsel … Class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure. In the circumstances, it is contended that proceeding before learned ACJM may be transferred to the Family Court. … the First Class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure. In the circumstances, it is contended that proceeding before learned ACJM may be transferred to … exercise jurisdiction exercisable by a Magistrate of the First Class under Chapter IX (relating to order for maintenance of wife, children and parents) of the