Cr.PC One Liner Study Notes

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  • An order passed under section 125 Crpc can be challenged by the unsuccessful party by filing a revision either before the Sessions Judge or High Court.
  • No wife shall be entitled to receive maintenance from her husband under section 125 Crpc, if she is living in adultery or living separately by mutual consent or a wife without sufficient reasons refuses to live with her husband.
  • Wife under section 125 Crpc includes divorced wife who is not remarried.
  • In Khemchand Om Prakash vs. State of Gujarat, it was held that Second wife of a person, whose 1st wife is alive can’t claim maintenance under section 125 Crpc.
  • In Savitaben Somabhai Bhatia vs State of Gujarat, it was held that only a legally wedded wife can claim maintenance under section 125 Crpc.
  • Both sons and daughters are liable under section 125(1)(d) Crpc for payment of maintenance to their parents, who are unable to maintain themselves.
  • Supreme Court in Vijaya Manohar Arbat vs. Kashi Rao Rajaram Sawai held that married daughters with independent sufficient means of her own are liable to maintain her parents under section 125 Crpc.
  • There is no maximum amount of maintenance provided under section 125 Crpc. The magistrate can order a monthly allowance of maintenance as he deems fit and proper in the case.
  • The maximum limit of 500₹ that could be paid to the wife in maintenance under section 125 Crpc was removed in 2001.
  • A divorced wife who remarried is not entitled to maintenance under section 125 Crpc.
  • In Mohd Ahmad Khan vs. Shah Bano Begum case, the Supreme Court held that section 125 Crpc is applicable to all irrespective of their religion.
  • Under section 125 Crpc, a magistrate has the power to grant interim maintenance and the expenses of the proceedings.
  • Illegitimate minor child is not entitled to claim maintenance under section 125 Crpc.
  • An order for maintenance or interim allowance can be cancelled under the circumstances stated under section 125(5) of Crpc.
  • Period of limitation for execution of the order of maintenance under section 125 Crpc is one year from the date on which it becomes due.
  • Alteration of maintenance can be done under section 127 Crpc
  • Any judicial Magistrate is not competent to use the civil forces for dispersal of assembly under section 129 of Crpc.
  • Under section 130 Crpc, armed forces can be used to disperse assembly for maintaining of public security.
  • Under section 133 Crpc, a District Magistrate or Sub-Divisional Magistrate may prevent environmental pollution.
  • A conditional order for removal of public nuisance under section 133 Crpc may be passed by District Magistrate, Sub-Divisional Magistrate or Executive Magistrate.
  • If a person against whom an order under section 133 Crpc is made, appears and show cause against the order, the magistrate shall take evidence in the matter as in a summon case.
  • The conditional order made under section 133 Crpc can’t be challenged in Civil Courts.
  • In Madhu Limaye vs. S D M Monghyr, it was held that provisions of chapter 8 of Crpc being in public interest are not violative of Article 19 of the Constitution of India.
  • The procedure where existence of public right is denied is provided in section 137 Crpc.

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