Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Consent of complainant for closing his evidence, cannot be held against him while entertaining application u/s 391 Cr.P.C, as in any event, irrespective of his willingness or otherwise, appellate Court was always at liberty to exercise power independently u/s 391 Cr.P.C, once it was held..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85, Arms Act, 1959, Section 25, 54, 59 -- Transfer of investigation to CBI - Recovery of Heroin and arms - Report of Special Director General of Police shows that police officials while investigating case committed offence u/s 58 of NDPS Act, which..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance allowance - Cannot be ordered to be deposited in Bank account, as it is meant to be released to party or to next friend in case party is a minor - Direction issued to husband to open Bank account in the name of minor daughter and to deposit monthly maintenance allowance in her favour, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Husband contended that wife remarried - However, husband failed to produce any documentary evidence in this regard - Wife on the other hand failed to enter into box to state truth about allegation that she married another person and was staying with him - Failure of wife to tender evidence to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Husband contended that wife remarried and daughter is admitted in Yatheemghana - However, husband failed to examine any witness and to adduce any documentary evidence to justify said averments - Daughter is admitted in educational institution in 6th standard which is not a Yatheemghana - Monthly..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Involvement of petitioner in other cases is not by itself a ground to reject bail application - Grant of bail has to be considered on the facts and circumstances of the present case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 427, 34 -- Bail - Attempt to murder - Petitioner is involved in 12 other cases - However, involvement of petitioner in other cases is not by itself a ground to reject bail application and question of grant of bail to petitioner has to be considered on facts and circumstances of the case -..........
Criminal Procedure Code, 1973, Section 201, 401 -- Complaint - Returned for presentation to proper Court - In a revision filed against such order there is no necessity to give proposed accused person any opportunity of hearing, as this situation is not covered u/s 401(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 143, 430, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(S), 3(2)(va) -- Anticipatory bail - Offence u/ss 323, 341, 143, 430 IPC and Ss.3(1)(S), 3(2)(va) of SC/ST Act - No averments in FIR that offence in question was committed considering..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201 -- Bail - Murder - Decomposed dead body was recovered from canal which was not proved to be of deceased - Sample of burnt bone sent to FSL returned for lack of testing facility - However, there is deliberate omission by police to send sample of burnt bone to FSL where testing..........
