Court : Punjab and Haryana
Decided on : Jan-08-1999
Reported in : II(1999)DMC382
..... held that the wife was not entitled to maintenance and magistrate was bound to take notice of the decision of the civil court as provided under section 489(2) of the code of criminal procedure (old) even though there was no specific application under that section before him.10. learned counsel for the respondent, on ..... code of criminal procedure, husband's claim would be viewed as mala fide filed to avoid payment of maintenance to the wife. it has been further submitted that the mere obtaining of the decree for restitution of conjugal rights by the husband will not suggest that the wife has withdrawn from his society without reasonable cause ..... the decree for restitution of conjugal rights passed against the wife shows that she has withdrawn from his society without reasonable cause or excuse and as such the finding of the criminal court that sanjay (husband) has neglected to maintain the wife (shyama) cannot hold the field.6. i have ..... wife be called upon to resume conjugal society with him and the wife had refused to resume conjugal society with him without any plausible cause, it could have been said that the withdrawal from the society of the husband on her part was unjustified and while husband was ..... husband had filed a petition for restitution of conjugal rights against her at delhi urging that wife has withdrawn from his society without reasonable cause or excuse and that he was always ready and willing to keep her and maintain her and had obtained decree for restitution of conjugal .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-26-1999
Reported in : 2000CriLJ3145
..... the act is intended to be a court of original jurisdiction for all intents and purposes including the powers under section 190 of the code of criminal procedure and it can take cognizance of the offences without an order of committal by the magistrate. i do not find any lacuna in the act as observed by the patna high court in jhagru mahto v ..... under section 5 of the code of criminal procedure in the absence of any specific provision to the contrary, nothing in the code has to affect anything in the special law. part-i of the 1st schedule of the code deals with offences under the indian penal code while part-ii classifies the offences under other laws. under the said classification, the offences punishable with death, imprisonment ..... held that the special court cannot take cognizance as like of original court. his lordship also relied upon sections 4 and 5 of the code of criminal procedure. section 4(2) of the code reads as follows :- 'all offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time ..... against other laws. it is useful to extract the same. ii classification of offences against other laws.if punishable with death, or cognizable non-bailable court of session imprisonment for more than 7 years. if punishable with imprisonment -ditto- -ditto- magistrate of ist for 3 years and upwards, but not class. more than 7 years. if punishable with imprisonment non- .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-08-1999
Reported in : AIR2000P& H94; (1999)123PLR603
..... by it while deciding an appeal. in this context, it is necessary to bear in mind that the provisions of the code of civil procedure and the code of criminal procedure have not been expressly made applicable to appeal which may be filed under section 36(2). the appellate authority does not have the power to summon the witnesses and documents. it can neither compel a ..... .-- any appeal or any application, other than an application under any of the provisions of order xxi of the code of civil procedure, 1908, may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. explanation.-- the fact that the appellant ..... as to the consumption of electrical energy by a consumer during the period the meter did not record correctly such consumption. the correctness of such an order can be gone into by the appellate authority. having regard to the nature of jurisdiction exercised under the act, the state government or the advisory board is not a court. undoubtedly, it is not ..... it is only a court which is enabled to admit an application after the prescribed period has expired if the court is satisfied that the applicant had sufficient cause for not preferring the application. it seems to us that the scheme of the indian limitation act is that it only deals with applications to courts, and that the labour .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-02-1999
Reported in : I(2000)DMC303
..... cannot hold the field now as there was no corresponding provision in the old criminal procedure code like the one enshrined in section 182(2) in the code of criminal procedure, 1973. it is true that in the code of criminal procedure, 1898, where was no corresponding provision like the one enshrined in section 182(2) of the code of criminal procedure, 1973 through amendment act no. 45 of 1978. as smt. jyoti was putting up ..... that as the second marriage allegedly took place at gohana, court at rohtak had no jurisdiction to take cognizance of this complaint. in this premise, the learned magistrate dismissed the complaint and directed that the complaint be presented before the court having territorial jurisdiction, and the accused persons were discharged.3. learned counsel for the revision-petitioner ..... to take cognizance of the complaint. in support of this submission, he drew my attention to section 182(2), cr.p.c. which reads as follows :'any offence punishable under section 494 or 495 of the indian penal code (45 of 1860) may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last ..... 1990 (2) chandigarh crl. cases 102-103. learned counsel for the respondent, on the other hand, submitted that in view of the provisions of section 177, cr. p.c., offence has ordinarily to be inquired into and tried by a court within whose local jurisdiction it was committed. in support of this submission, he drew my attention to sukhdev singh and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-06-1999
Reported in : II(2000)DMC216
..... relation to the iddat period, because until and unless she remarried she is entitled to the interim maintenance during the pendency of the proceedings under section 125, code of criminal procedure.6. on the contrary, mr. satish chaudhary, the learned counsel for the respondent, has contended that the petitioner no. 1 being a ..... not entitled to any claim whatsoever, not even to the interim maintenance, as she is not governed - nor her case is covered under section 125, code of criminal procedure.7. i have considered the rival contentions put forth by the learned counsel for the parties. mere taking up a plea in the written ..... as 'the act'). the case of the petitioner cannot be restricted under the act as the petitioners had applied for grant of maintenance under section 125, code of criminal procedure. the learned counsel further contended that even if it is taken that the petitioner is a divorced muslim wife, even then there is no ..... came to the conclusion that smt. sarbari is entitled to maintenance only for the iddat and not for the other period, as allowed by the learned magistrate.5. the contention put forth by mr. s.s. dinarpur, the learned counsel for the petitioners, is that the findings of the learned additional ..... to maintain her can be directed to be paid maintenance by the state wakf board. thus, it is abundantly clear that act would come into play if there is divorce and as already indicated above, the parties are yet to lead evidence to prove the fact whether the divorce had .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-29-1999
Reported in : 2000CriLJ4305
..... time and police have been detaining him very frequently in the police custody without producing him before the concerned magistrate under the provisions of article 22 of the constitution of india read with section 57 of the code of criminal procedure. 2. under section 50 of the code of criminal procedure a person is entitled to know the grounds of arrest only when he is arrested. petitioner has not ..... make a surprise visit of police lock-up to find out whether any person is detained in the police lock-up without being produced before the concerned magistrate in contravention of section 57 of the code of criminal procedure and the constitutional provisions as contained in article 22. 6. the registry is directed to communicate the above directions to the director general of police, ..... informed of the grounds of his arrest as required under section 50 of the code of criminal procedure. ii) when a person is arrested by the police, the police will give intimation of the fact of ..... the citizens of the states guaranteed both under the constitution and procedural law. these directions are also in conformity with the view expressed by the apex court in sheela barse v. state of maharashtra, air 1983 sc 378 : (1983 cri lj 642). i) whenever a person is arrested and taken into custody by the police without warrant, he has to be immediately .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-05-1999
Reported in : 2000CriLJ1512
..... . point 1 : 6. it is useful to refer to section 340 of the code of criminal procedure. 340. procedure in cases mentioned in section 195(1) when, upon an application made to it in this behalf or otherwise, any court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub ..... to be lodged by the punjab and haryana high court through its registrar against the petitioner and others before the court of chief judicial magistrate, chandigarh for the offences under sections 193, 196, 465 and 471 read with section 109, i.p.c. 10. in this view of the matter, there is no delay in filing the complaint. further simply on the basis ..... of the delay, this court in its inherent jurisdiction will not quash the complaint. it is however open to the petitioner to show the trial court that the delay in filing the complaint caused prejudice ..... to him, but it is not a ground for quashing the complaint. 11. the last and 3rd. point raised by the learned counsel for the petitioner is that the prosecution was launched more than 16 years ago and some of the witnesses have expired and because of delay in the trial, the petitioner is entitled to have the criminal .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-16-1999
Reported in : 1999CriLJ4505
..... . was introduced in the code of criminal procedure by the parliament through criminal law amendment act 1978. it came in force on 18-12-78. section 433-a, cr.p.c. lays down that notwithstanding anything contained in s. 432, cr.p.c. whereas sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the ..... pardon or remission of sentence is in essence an executive function to be exercised by the head of the state after taking into consideration various matters which may not be germane for consideration before a court of law inquiring into the offence. exercise of this power continues to be modulated from time to time looking to the crime graph of the state ..... punishments provided by law or where a sentence of death imposed on a person stands commuted under s. 433 into one of ..... imprisonment for life, such person shah not be released from prison unless he has served at least 14 years of imprisonment. non-obstante clause makes it clear that such minimum punishment is notwithstanding anything contained in s. 432, cr.p.c. which means that the power to suspend or remit sentence under that section cannot be exercised .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-1999
Reported in : 1999CriLJ1972; (1999)123PLR648
..... section 401 of the code of criminal procedure (cr.p.c.) challenging the appellate order dated dec. 1, 1987 passed by the sessions judge, ambala, whereby compensation amounting to rs. 250/- was ordered to be paid by each accused to the persons who had received injuries in the incident. 2. the six petitioners faced trial in the court of additional chief judicial magistrate ..... state of punjab, 1984 (2) chand lr (cri) 702. that was a case where the accused was convicted for the offence under section 324, ipc, and thereafter he was ordered by the trial court to be released on probation of good conduct on his furnishing bond in the sum ..... to further rigorous imprisonment for two months. fine was imposed in addition to the sentence of rigorous imprisonment for two years under section 326/149, ipc. 3. the accused persons went in appeal against the order of conviction and sentence. the learned sessions judge, in appeal filed ..... in accordance with the provisions of sections 386 and 387 of the code.; (3) a civil court trying any suit, arising out of the same matter for which the offender is prosecuted, shall take into account any amount paid or recovered as compensation under sub-section (1) in awarding damages.' 12 ..... death) of which fine forms a part, the court may, when passing judgment, order the whole or any part of the fine recovered to be applied - (a) in defraying the expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-09-1999
Reported in : 2000CriLJ252; (2000)125PLR518
..... on 18-1-1996, the apex court observed as under : 'it has been held by this court in several cases that the inherent power of the court under section 482 of the code of criminal procedure should be very sparingly and cautiously used only when the court comes to the conclusion that there would be manifest injustice or there would be abuse of the ..... with the proper investigation in a case where an offence has been disclosed, the offender will go unpunished to the serious detriment of the welfare of the society and the cause of justice suffers. it is on the basis of this principle that the court normally does not interfere with the investigation of a case where an offence has been disclosed ..... proper investigation in a case where an offence is disclosed, the offender may succeed in escaping from the consequences and the offender may go unpunished to the detriment of the cause of justice and the society at large. justice requires that a person who commits an offence has to be brought to book and must be punished for the same. if ..... will generally allow the investigation into the offence to be completed for collecting materials for proving the offence.' 5. in mushtaq ahmad v. mohd. habibur rehman faizi 1996 scc (cri) 443 : (1996 cri lj 1877), the apex court reversed the order of allahabad high court vide which it had quashed the order passed by the chief judicial magistrate taking cognizance of the .....
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