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Vijay Kumar Prasad Vs. State of Bihar and ors.
Supreme Court of India
Apr-07-2004
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 125(1), 126 and 126(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 488 and 488 (6) to (8)
AIR2004SC2123; 2004(1)ALD(Cri)736; 2004(4)ALT1(SC); 2004(2)BLJR1105; 2004CriLJ2047; I(2004)DMC716SC; JT2004(4)SC532; 2004(2)KLT435(SC); 2004(3)MhLj1101; 2004MPLJ560(SC); RL
relating to political influence or pressure as alleged.17. We allow the appeal to the extent indicated. Criminal - Criminal procedure Code , 1973 - Sections 125, 126 - Transfer Petition -Territorial Jurisdiction - Maintenance application by father against son … is the petitioner claiming maintenance in terms of Section 125 of the Code of Criminal Procedure, 1973 (in short 'the Code'), the other respondents are … noted in detail as the pristine question involved is one of law relating to jurisdiction in terms of Section 126 of the Code where an application can be filed. The application was filed by the respondent No. 2
Tag this Judgment! AI Brief & AskGayathri Vs. Ramesh
Karnataka
Apr-08-1993
Family
Family Courts Act, 1984 - Sections 7, 7(2) and 10(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 126, 126(2) and 274
II(1993)DMC197; ILR1993KAR1857; 1993(2)KarLJ447
set aside solely on the ground that the procedure adopted is in direct contravention of Section 126 of the Criminal Procedure Code (for short 'the Code') and in that view of the matter it would not open to this Court … on the ground that the procedure adopted is in direct contravention of Section 126 of the Criminal Procedure Code (for short 'the Code') and in that view of the matter it would not open to this Court … maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973;'It is undisputed that the petition has been filed by the appellant for
Tag this Judgment! AI Brief & AskSomasekhar Vs. State of Karnataka
Karnataka
Feb-18-1986
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 125, 125(1), 125(3), 126(3) and 128
ILR1986KAR1202
the Code also in view of Section 126(3) of the Code.In the result, the revision petition is dismissed. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Section 126(3) -- Costs awardable in execution proceeding under Section … by the Court in an Execution Proceeding for enforcement of the order passed under Section 125 of the Code of Criminal Procedure 1973 (for short the Code).2. The brief facts necessary for the decision of the said
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Ramavtar Singh and anr. Vs. Buddha Ram
Rajasthan
Apr-24-1989
CriminalFamily
Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 126(1)
II(1991)DMC390; 1990(1)WLN404; 1989WLN(UC)177
of clause (a) of Section 126(1) of the Code of Criminal Procedure, 1973. Since the question of jurisdiction goes to the root of the matter, … the Code filed by the non-petitioner in his Court as he has no jurisdiction to entertain the same. Criminal Procedure Code - Sections 125, 126(1) & 482--Jurisdiction-Proceedings Under Section 125 for maintenance to parents--Held, proceedings can be initiated where … purchased property in Ludhiana District. When Jagir Kaur had filed an application under Section 488 of the Old Code of Criminal Procedure in the Court of Magistrate, First Class, Ludhiana, Jaswant Singh was staying within the jurisdiction
Tag this Judgment! AI Brief & AskA. Simon Vs. Venkatammal
Chennai
Jul-09-1990
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 126, 126(2) and 397
II(1991)DMC66
maintenance - Sections 126, 126 (2) and 397 of Criminal Procedure Code, 1973 - petition challenging ex-parte Order of maintenance on ground of illegal service … Initially Thiru Gopinath, Learned counsel for the petitioner would urge that -though proviso (2) to Section 126 of the Criminal Procedure Code (the Code for Short) enables the petitioner to file an application before the Magistrate to have the ex-parte … Learned counsel for the petitioner would urge that -though proviso (2) to Section 126 of the Criminal Procedure Code (the Code for Short) enables the petitioner to file an application before the Magistrate to have the ex-parte
Tag this Judgment! AI Brief & AskN.B. Bhikshu Vs. State of Andhra Pradesh and anr.
Andhra Pradesh
Mar-30-1993
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 126 and 126(1)
1994(1)ALT(Cri)359; 1993CriLJ3280; I(1994)DMC396
is allowed accordingly. 6. Petition allowed. Criminal - place of suing - Sections 126 and 126 (1) of Criminal Procedure Code, 1973 - respondent-father claiming maintenance against petitioner-son - petitioner seeking determination of jurisdiction - petitioner contended that plea … place of suing - Sections 126 and 126 (1) of Criminal Procedure Code, 1973 - respondent-father claiming maintenance against petitioner-son - petitioner seeking determination of … is not extended to father - only Clause applicable to respondent is Clause (a) of Sub-section (1) of Section 126 - Section 126 provides that father cannot file petition for maintenance at place where he resides - contention
Tag this Judgment! AI Brief & AskG. Gnanaiahpandiyan Vs. Pazhaniammal
Chennai
Nov-28-1996
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 126, 126(2), 128 and 274
1997CriLJ2412; I(1997)DMC238
they lack subatance. 27. In the result, the revision is dismissed. 28. Revision dismissed. Criminal - maintenance - Criminal Procedure Code, 1973 - ex parte Order of maintenance passed against petitioner - revision petition filed to set aside Order … the maintenance petition on file, before issuing notice under Section 488 (Old Code-Sec. 125 new Code). The apex Court held in that decision, quoting the … herein on 19-11-1993 and passed ex parte order on 23-11-1993, in the absence of the petitioner/husband, especially when Section 126(2), Cr.P.C., contemplates that all evidence in maintenance proceedings shall be taken in the presence of the person against
Tag this Judgment! AI Brief & AskLoganathan Vs. Dhanalakshmi and Another
Chennai
Nov-27-1995
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 126, 126(2) and 397
1996CriLJ1896
mother, viz. respondent herein. It was contended for the petitioner that though proviso (2) of Section 126 of the Criminal Procedure Code enables the petitioner to file an application before the Magistrate and have the ex parte order set aside, … Revision allowed. Criminal - maintenance - Section 125 of Criminal Procedure Code, 1973 - revision petition against Order which allowed interim maintenance for respondents - … and father of second respondent minor Sasikala. First respondent preferred M.C. No. 30/89, under section 125 of the Code of Criminal Procedure before Judicial Magistrate No. IV, Dindigul, claiming a monthly award of maintenance for herself and
Tag this Judgment! AI Brief & AskSatrughna Adak Vs. Sonali Adak Nee Tung
Kolkata
Apr-08-1993
FamilyCriminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 126 and 126(2); ;Limitation Act, 1963 - Sections 5 and 4 to 24
1993CriLJ1892,II(1993)DMC263
to Section 488(6) of the Cr.P.C. 1898 (corresponding to the Proviso to Sub-section (2) of Section 126 of the Criminal Procedure Code, 1973) and held that the said words implied an order passed in conformity with the first part of … and not from the date of the order. It was a case under Section 488 of the old Code of Criminal Procedure, the relevant provisions of which were similar to those Section 126 of the New Code.
Tag this Judgment! AI Brief & AskD. Venkatesan Vs. P. Lalitha
Karnataka
Jun-14-1985
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 126 and 128
ILR1985KAR2611
both sides in the matter of arrears due and thereupon to pass an appropriate order in the matter. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Section 128 -- Court that made the order as well … entitled to claim maintenance to order for maintenance. Section 126 of the Code says that such action may be initiated before a Magistrate within whose … are all the Magistrates who can be requested by those entitled to claim maintenance to order for maintenance. Section 126 of the Code says that such action may be initiated before a Magistrate within whose jurisdiction the husband,
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