Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Factual defence without having to adduce any evidence need to be of an unimpeachable quality, so as to altogether disprove the allegations made in the complaint...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Third party objections - Maintainable even when an application for impleadment by such third party was earlier rejected...........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of the Act of 1986 - Quashing of proceedings - Main accused was a gang leader and who was mastermind and he hatched criminal conspiracy along with co-accused including present accused to commit murder of deceased for a..........
Civil Procedure Code, 1908, Order 16, Rule 7 -- Summoning of public officials to produce documents - Certified copies of public documents which are sought to be summoned could be produced in evidence - Summoning of public officials to produce said documents not necessary - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 16, Rule 7 -- Summoning of public officials to produce documents - Unless a bona fide attempt to obtain certified copies failed to yield results and unless petitioners are able to satisfy Court that production of original public documents is necessary, petitioners are not entitled to make a request to issue summons for production of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 Kg 200 gms Charas - Bail - Contentions of accused may have substance but same can only be adjudicated at the trial - Plea of conscious possession has also to be adjudicated at the trial - Accused is in custody since 11.7.20 - He is not involved in..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - Summoning only on the basis of statement of PW1 and PW3 without considering other circumstances and material available collected by I.O. - Court also not identified parentage of petitioner - Summoning order set aside - matter remitted for decision..........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to wife - No bar to grant maintenance to wife, even against whom a decree for restitution of conjugal rights has been passed...........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to wife - Wife is residing with her parents and has no source of income - Award of maintenance thus, cannot be denied to wife - However, since Court below has not dealt the issue regarding source of income of husband as such case remanded back and Court below to pass a fresh order...........
Criminal Procedure Code, 1973, Section 164(5) -- Confessional statement - Not required to be made on oath - Anyhow if it is recorded on oath it cannot be said that such statement loses its evidentiary value or that it cannot be relied upon for any purpose...........
