PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 306, 34 IPC - Compromise - Offence heinous and serious offence - Not a fit case to quash FIR on the ground of compromise...........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 468, 471-- Bail - Recovery of 10,600 bottles of Phensydyl syrup - Provisions of NDPS Act or Drugs and Cosmetics Act cannot be pre-judged at the bail stage...........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 468, 471-- Bail - Recovery of 10,600 bottles of Phensydyl syrup - No recovery effected from petitioner - Bar of S.37 of NDPS Act prima facie therefore, will not apply - Moreover, petitioner is an authorized licensee and is in custody since 2017 - Petitioner has no previous involvement to his credit and..........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Decree of divorce on ground of desertion by wife - Wife not entitled to maintenance for period prior to passing of decree of divorce - However, wife is entitled to maintain an application u/s 125 Cr.P.C. for post decree period provided she is able to satisfy condition that..........
PATNA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 321-- Withdrawal from prosecution - Application can be filed only by Public prosecutor or Additional Public Prosecutor i, charge of case - Order allowing withdrawal of case on application filed by Public Prosecutor neither i, charge nor conducting case, unsustainable...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Complaint nothing but an attempt to wreck vengeance - Criminal complaint quashed being an abuse of the process of Court...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 245(2), Indian Penal Code, 1860, Section 420, 323, 504-- Quashing of order - Order rejecting discharge application - Cheating - Property dispute - Shares in question right from date of acquisition in the custody of A-1 - Material on record shows that acquisition was from funds of A-1 - Complainant merely alleged that funds came from his bank account but..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 340-- Application u/s 340 Cr.P.C - Filed in civil Court shall be registered as an interlocutory application - An appeal challenging orders of such Court is maintainable only in Court in which appeals against decrees or orders of such Court may be filed under provisions of Civil Courts Act - Order of..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 340, 341-- Application u/s 340 Cr.P.C - Dismissal of application filed in civil Court - Appeal challenging said order was rightly entertained as Civil Miscellaneous Appeal and thus governed by provisions of CPC - Failure of legal representatives of deceased appellant to get themselves impleaded in appeal..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Second bail application - Bail cannot be granted solely on the ground of long incarceration without looking to the merits of case and other factors, as it is not a good ground for bail in renewed plea - Second bail application rejected...........