SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 451, 482-- Offence u/ss 41, 52, 52-A of Indian Forest Act and Ss.27, 29, 39(1)(d), 51, 52 of Wildlife Protection Act - Release of seized vehicle - Dismissal of application by Magistrate and Session Judge - Application u/s 482 Cr.P.C allowed - As per the provisions of Forest Act and Wildlife Protection Act it..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Incomplete challan was presented before trial Court, as FSL report not submitted along with challan within 180 days - No application for extension of time was filed by prosecution after lapse of 180 days - Petitioner thus, entitled to bail u/s 167(2) Cr.P.C - Bail held, granted...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24-- Maintenance to wife - Amount of maintenance granted u/s 125 Cr.P.C is adjustable with pendente lite maintenance awarded u/s 24 of Hindu Marriage Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 452, 376D, 394-- Bail - Offence u/ss 323, 365, 452, 376-D, 394 - Neither there is specific allegation against petitioner nor his name finds mention in FIR - Even, statement of complainant u/ss 161 and 164 Cr.P.C. is self contradictory - Moreover, co-accused has already been granted bail - Fit case to grant bail as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320- - Compounding of offence - Cannot be thrusted upon complainant, simply because, accused wishes so - Offence can only be compounded, where both the parties to the litigation are in agreement to the same...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29-- Bail - Offence u/ss 22, 29 NDPS Act - Recovery of 5430 tablets of different description, 600 injections and 59 vials containing narcotic substance - Recovery has been effected from matrimonial house of the petitioner and her father-in-law is a licenced chemist - Moreover, conclusion of trial may..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 506, 148, 149, Arms Act, 1959, Section 25, 27-- Bail - Offence u/ss 307, 336, 506, 148, 149 IPC and Ss.25, 27 Arms Act - As per allegations, a gun shot was fired by accused, however, no injury was caused to complainant or anyone else - Moreover, parties have already compromised the matter - Even, no useful purpose will be served by detaining..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20-- Double jeopardy - Moving of two complaints on similar allegations before different forums - Amounts to double jeopardy...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307- - Bail - Attempt to murder - Injuries attributed are either simple in nature or are on no, vital part - Even, challan has already been filed and charges has been framed - However, no evidence has been led by prosecution so far - Moreover, no other case is pending against the petitioner - Bail..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 228- - Speaking order - When prosecution has abandoned the case and has rather recommended discharge of accused which is supported by complainant, then Court cannot take different view and it is incumbent upon the Courts to give its reasons to indicate why it differed with final recommendation of the..........