CiteTEXT
...Sections 125(3), 421(1)(b) of the Code read with Sections 67, 77, 75 of the Land Revenue Act. The objection is to the effect that the petitioner is owner of the shop in question. It was the...the Magistrate regarding identity of the parties and the non-payment of the maintenance allowance due. The first proviso to sub-section 3 of Section 125 further provides...petition under Section 125 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) against respondent No. 5 i.e husband of respondent No. 1 and father of...
...interim maintenance due to the wife by following procedure for levying or recovery of fine as provided under Section 125(3) and 421 of the Code or, by passing an order of...Sub-section (3) of Section 125 of the Code.
5. Object of law is to grant interim maintenance to the wife to save her from vagrancy. In Savitri's case (supra) it...respondents, if so advised, may have recourse to proper procedure under Section 125(3) of the Code for realising the interim maintenance. This petition is accordingly allowed.
...
...application under Section 125(3) r/w 421 of Cr.P.C. before the I Additional Civil Judge and JMFC, Udupi in Crl.Misc. No.7/2023 alleging that the petitioner has paid a total sum of Rs.1,35,000...Court issued NBW without following the procedure as contemplated under Sections 125(3) and 421 of Cr.P.C, which is liable to be set aside.
7. It is further submitted that...D'SILVA W/O AUSTIN WILSON SHIRI
3. MASTER RISHON SHIRI
AGED ABOUT 14 YEARS (MINOR)
4. KUMARI ANGEL
AGED ABOUT 7 YEARS (MINOR...
...instead of issuing notice to the petitioner, proceeded to issue warrant straight away which was in violation of Sections 125(3) and 421 of the Cr.P.C The learned counsel contended that, Section 125(3) prov...necessary to exhaust both the methods of recovery u/s.421(1)(a) and (b) before imposing a sentence u/s.125(3). A Court, in appropriate cases, where it is convinced that no movable or immovable property is...granted thereafter, he did not remit the amount and hence the stay was vacated by order dated 15.07.20163. The premise on which the writ petition is laid is that, the court below...
...section 125(3) of Criminal Procedure Code, 1973 is by section 421 of the said code and as the future salary of a person cannot be a tangible movable property in his possession, the...maintenance by issuance of warrant for attachment of salary was held permissible by holding that the wording of section 125(3) of Criminal Procedure Code, 1973 permits the Magistrate to follow the procedu...available in respect of maintenance order under section 125(3), Code of Criminal Procedure.16. It is also necessary to refer to the provisions of sections 125(3) and 421 of...
...(2010) 5 SCC 23. The language of Section 125 of the Electricity Act, 2003, which is similar to the language contained in Section 421(3) of the Companie...396 by which the Appellate Tribunal, after setting out Section 421(3) of the Companies Act, 2013 (for short “the Act”) has dismissed the appeal as not maintainable, inasmuch as the appeal...appearing on behalf of the appellant, has argued the matter persuasively before us. He points out that Section 421(3) of the Act does not contain the language of Section 34(3) proviso of the Arbitration...
...Sections 125(3) and 421 of the Cr.P.C. The learned counsel contended that, Section 125(3) provides that, if any person ordered to make payment, fails to pay without any sufficient cause, the Magistrate may...exhaust both the methods of recovery u/s.421(1)(a) and (b) before imposing a sentence u/s.125(3). A Court, in appropriate cases, where it is convinced that no movable or immovable property is available.... ARSHAD MOHAMMED
AGED 4 YEARS
S/O HASHIM, DO...DO
REP BY MOTHER IST RESPONDENT.
3...
...answer to the third question posed in this case. No doubt, the observations made in the judgments supra, while interpreting S. 125 (3) read with S. 421 (a), as regards the future salary, but the close...Cr.P.C would give a clue that the Court, can straight away pass an order enforcing the future maintenance as well even without resorting to Ss. 125 (3) and 421 Cr.P.C68. S. 125...recovery of any money payable by virtue of any order made under this Code.70. Though S. 125 (3) and 421 (a) contemplate about orders in default, S. 431 Cr.P.C does not visualise any...
...object of Section 125(3) and 421 has to be borne in mind by the Court if a enginious unscurpulps husband who wants to make the wife to suffer in spite of having sufficient property and income he may...point is in the negative for the reasons that Section 125 of Cr.P.C empowers the Magistrate to pass award maintenance.3. Further under Section 125(3) deals with...the situation where if the person who ordered to pay maintenance fails without sufficient cause to comply with the order under Section 125(3) is reiterated as follows;“(3) If any person...
...would be worthwhile to reproduce Sections 125 (3) and 421 Cr.P.C., which read as follows: "125. Order for maintenance of wives, children and parents. ...... If any person so ordered fails without...failed to comply with the order passed under Section 125(3) Cr.P.C. and the learned court below has issued the recovery warrant dated 8.10.2021, directing that the applicant shall pay a sum of Rs. 1,65,000...produce the applicant again on the next date fixed. It is also submitted by learned counsel for the applicant that provisions of Section 125(3) Cr.P.C. specifically provides for issuance of a warrant for...
...Criminal Misc. Application No.503 of 2018. Hence, the present applicant seeks indulgence of this Court under Section 125(3), 125(4), 421, 357 and 482 of the Cr.P.C. and the present applicant is seeking...No.576 of 2023 by Family Court No.2 Judge, Vadodara and main application and proceedings of the said application for respondent Nos.1 and 3 and order dated 12.09.2023 passed below Exh.23 and 24 in...& proceedings of C.R.M.A. J No. 576 of 2023 at Family Court at Vadodara for Respondent No. 1 & 3;
(B) YOUR LORDSHIPS be pleased to allow...
...:
"direct the learned III MM Hyderabad to not issue warrant of arrest straight away against the petitioner in R2's CrIMPs 64/2021 65/2021 and 02/2022 filed u/s 125(3) CrPC in DVC 236/2012 without...particularly Section 421 Cr.P.C. while disposing the applications that are filed under Section 125(3) Cr.P.C. by respondent No.2 herein vide Crl.M.P.Nos.64 of 2021, 65 of 2021 and 2 of...."
3. Learned counsel for the...
...an order in their favour. For recovery of maintenance amount, when the matter was pending, the present petitioner as a husband, appears to have filed an interlocutory application under S.125(3) and Ss.421(2...) and (3) of the Code of Criminal Procedure, seeking attachment WP. NO.49126/2019 and sale of the schedule properties under the said application. The Trial Court, in its order dated 07.09.2019...the very same applicant has been rejected on 27.11.2018 as not maintainable, proceeded to reject the application under consideration. 3. Challenging the said order of the Trial...
...procedure laid down in section 125(3) read with section 421(1)(a) of the Code of Criminal Procedure (‘Code’ for short).2. Facts are simple and undisputed. The...125(3) did not provide for attachment of salary and so the petitioner should have taken recourse to section 421(1)(a) of the Code. But without considering that the proceeding...execution of a money decree. The expression ‘movable property’ appearing in section 125(3) of the Code should be given a wide interpretation. Therefore, according to the learned Judges, in case of default...
...(3) of Section 125 Cr.P.C. read with Section 421 Cr.PC. and the order dated 08.12.2022 passed by Additional Principal Judge Family Court Jalaun at Orai is illegal in the eyes of law which is quoted...:-
"7. Before coming to the merits of the present case, it would be worthwhile to reproduce Sections 125 (3) and 421 Cr.P.C., which read as follows...proceedings of the Criminal Misc. Case No. 928 of 2021 (Smt. Anjali Singh And Another Versus Deepak Singh Rajawat) under Sub Section. (3) of Section 125 & 128 Criminal Procedure...
...125(3) read with Sections 128 and 421 of the Criminal Procedure Code.
2. I have heard the learned counsel for the petitioners.
3. The learned counsel for the...Court is directed to enforce the order passed in M. C. No.215/2022, in accordance with Sections 125(3) and 128 of the Cr.PC, as expeditiously as possible.
The Original Petition is...:
3
JUDGMENT
The 1st petitioner is the wife and the 2...
....
(emphasis by Court)
23. A conjoint reading of the provisions of Sections 125(3) and 421(1) of the Code shows that it is open to the Magistrate to enforce an or...possession over the suit property or changing its nature and character.
3. The plaintiff's case is that Smt. Usha Devi brought proceedings against him under Section 125...Collector by virtue of the provisions of Section 125(3) Cr.P.C.
21. Upon hearing the learned Counsel for parties with reference to the substantial question of law involved...
...Judge, Family Court, Auraiya dated 20 September, 2019 is wholly illegal as he has no jurisdiction to issue non-bailable warrant against the petitioner under Section 125(3) Cr.P.C. for execution of his orde...have gone through the records of the present criminal revision.11. Before coming to the merits of the present case, it would be worthwhile to reproduce Sections 125(3) and 421 Cr.P.C...Section 125 (3) Cr.P.C., whereby the Principal Judge has issued non-bailable warrant against the petitioner.7. Learned counsel for the petitioner submits that the...
...to the procedure prescribed under section 125(3) and 421 of the Code of Criminal Procedure.15. The Miscellaneous Criminal Case accordingly stands disposed of.Order accordingly....on the ground that as per section 125(3) of the Code of Criminal Procedure, a warrant for levying the amount due in the manner provided for levying fines is required to be...application deserves to be allowed.9. Learned Magistrate has mainly relied upon the judgment in the case Bhure (supra); wherein, it has been held that an order under section 125(3) for...
...instead of following the correct procedure for recovery of interim maintenance as provided under Section 125(3) or Section 421 CrPC the trial court erred in striking off the defence of the husband. The...by a speedy remedy. Section 125 CrPC is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of Article 15(3), reinforced by Article...clear that the maintenance granted under this Act, would be in addition to an order of maintenance under Section 125 CrPC, and any other law for the time being in force. Sub-section (3) of Section 26 of...