Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 504 -- Summoning of additional accused - Offence u/ss 307, 504 IPC - Accused was not only named in the FIR but he was also assigned a role in the incident - Testimony of PW1 and PW2 being indicative of complicity of accused and in particular their statements at the time of incident, accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - If Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases Magistrate can examine documents to be satisfied that there are sufficient grounds for proceeding u/s 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202(2) -- Dishonour of cheque - Examination of witnesses on oath - S.202(2) Cr.P.C is inapplicable to complaint u/s 138 of N.I Act in respect of examination of witnesses on oath...........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Quashing of order granting bail - Plea of accused that he has not misused liberty shown to him while releasing him on bail, therefore order granting bail may not be quashed - Quashing and setting aside wrong order releasing accused on bail and to cancel the bail of accused on misuse of liberty etc., both stand on..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 384, 386, 387, 34, Maharashtra Control of Organised Crime Act, 1999, Section 3(1)(ii), 3(2), 3(4), 3(5) -- Bail - Quashing of order granting bail - Offence u/ss 384, 386, 387, 34 IPC and Ss.3(1)(ii), 3(2), 3(4), 3(5) of MCOCA Act - Allegation against accused are very serious in nature - High..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Claimants would be entitled to file a consolidated application for recovery of previous 12 months dues - Consolidated application shall be treated as 12 individual claims for recovery of monthly allowances of previous 12 months...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Where defaulter repeatedly breaches order of maintenance u/s 125 Cr.P.C, Court would be acting well within its jurisdiction by issuing separate warrants for recovery of each months dues and sentence the defaulter to separate terms of imprisonment of upto one month each for every months..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Where no order of interim maintenance has been passed and Court, while finally deciding application for maintenance, orders that maintenance shall be payable from date of filing of application, claimant may file an application for recovery of accrued amount and such application shall be..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Application for recoveries cannot be made for a period of more than 1 year's arrears...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Default in payment - Directions issued to all Magistrates/Family Courts across the State of Rajasthan seized of applications u/s 125 Cr.P.C that: (i) after passing of order, Court shall facilitate claimant to move an application for recovery of maintenance amount on the same day when application is decided; (ii)..........
