Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1.688 kg charas - Bail - Recovery effected from accused falls under Commercial quantity - Rigours of S.37 of NDPS Act comes into play - It cannot be said at this stage that accused has not committed any offence nor it can be said that if..........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to unmarried major daughter - Unmarried major daughter cannot claim maintenance in ordinary circumstance merely on the ground that she does not have means for her sustenance - However, such major unmarried daughter can claim maintenance by reason of any physical or mental abnormality or injury if she is unable to..........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to wife - Wife has no means to maintain herself - Husband though admitted that he had been working as manager of company having 52 employees but confined his income to Rs.500 per day - Income stated by husband not found believable by Family Court - Family Court thus, rightly awarded Rs.10,000/- p.m. as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Trial Court after considering the matter and evidence on record passed a detailed and speaking order recording its satisfaction that a prima facie case is made out and summoned applicant to face trial - Question of theft of cheque..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of facts of the case cannot be adjudged and adjudicated at this stage while exercising powers u/s 482 Cr.P.C. and only prima facie prosecution case has to be looked into as it is...........
Criminal Procedure Code, 1973, Section 438, 357 -- Anticipatory bail - Condition to pay interim compensation to legal heirs of deceased (victim) cannot be imposed while granting anticipatory bail...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Not supported by an affidavit - Cannot be entertained by Court...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Before taking recourse of Court, complainant ought to move to police station for registration of FIR and if unattended there, move an application to the Superintendent of Police and this fact also be deposed clearly in application u/s 156(3) Cr.P.C. moved before Magistrate...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Revision - Order rejecting application u/s 156(3) Cr.P.C - Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Magistrate dealing with an application u/s 156(3) Cr.P.C is legally authorized to make an order for registration of FIR and investigate into matter or to treat such application as a complaint, as the case may be and he is fully empowered even to reject application moved before it u/s 156(3)..........
