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BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Issuance of process - Enquiry u/s 202 Cr.P.C. is not mandatory in proceeding u/s 138 of N.I. Act...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, 439-- Bail - Conditions - Courts are expected to put reasonable conditions in exercise of judicial discretion and such conditions should be aimed at securing presence of the accused at the time of trial and it should not hamper the evidence or prosecution witnesses during pendency of trial...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, 439-- Bail - Conditions - Court is not expected to recover the amount in a criminal proceedings by putting condition to deposit money while granting bail...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8, 12-- Bail - Sexual assault on minor female aged 5 years - Driver of school van committed repeated acts of sexual assault despite warning by mother and grandmother of victim child - Such act of driver amounts to breach of trust reposed by parents of tiny tots - Even, such sex abuse is a particular..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Acquittal of husband in a criminal case filed by wife - Case filed by wife cannot be called as a false case, as such, acquittal of husband not a ground of cruelty for husband to get divorce...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 273-- Personal attendance of accused - Recording of evidence by video conferencing - S.273 Cr.P.C. confers a right on accused to be present at the time of recording of evidence - Presence of accused would be necessary to facilitate instructions to be given to his lawyer who is appearing for him in the..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156(3)-- Direction for investigation - Magistrate on day of presentation of compliant on its first page directing to put up case for verification - Merely by endorsing upon complaint as `Put up for verification' by itself is not sufficient to hold that by passing such order Court has applied its mind or..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156(3), 202(1)-- Direction for investigation - Power to order police investigation u/s 156(3) Cr.P.C. is different from power to direct investigation conferred by S.202(1) Cr.P.C. - Two operate in distinct spheres at different stages - First is exercisable at pre-cognizance stage and second at post-cognizance..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 202(1)-- Object of investigation u/s 202(1) Cr.P.C. - Not to initiate a fresh case on police report but to assist Magistrate in completing proceedings already instituted upon complaint before him...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 203-- Dishonour of cheque - Complaint against Manager, Secretary and member of Society - Issuance of process - Complaint against Manager not made out - Complaint against him be dismissed instead of discharging him...........

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