Criminal Procedure Code, 1973, Section 340 -- False statement - If false statement affects the very nature of order passed by Court, then that can be one of circumstance where proceedings u/s 340 Cr.P.C. can be initiated...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Can be summoned on the basis of statement made in the examination-in-chief of the witness concerned and Court need not to wait for evidence of such witness to be tested by cross-examination...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 420 -- Delay in lodging of FIR - Cheating - Complainant immediately after the occurrence had approached competent authority and furnished information about wrongful withdrawal of Rs.40,000 from his account through ATM - Therefore, there has been absolutely no delay in getting FIR registered...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Order/judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken by Court on the point of fact or law...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - High Court cannot sit in appeal over its judgment while exercising power of review - Since there is no error which is self evident in the impugned judgment, no case is made out for review - Review petition dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of PWDV Act - Applicability of S.468 Cr.P.C - There is no offence committed in terms of provisions of the Act by the time application is preferred u/s 12 of PWDV Act - S.468 Cr.P.C not applicable to application u/s 12 of PWDV Act, as starting..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - If filing of complaint or initiation of proceedings was within prescribed period from date of commission of an offence, Court would be entitled to take cognizance even after the prescribed period was over...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Summoning of witnesses - Accused can rebut the evidence of complainant by cross-examination, by examining his side witnesses and produce materials and documents to rebut the evidence of complainant to disprove the case of complainant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ground of cruelty and harassment - Not a ground for non-payment of maintenance amount...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Only continuous and repeated acts of adultery and/or cohabitation in adultery would attract rigours of provision u/s 125(4) Cr.P.C...........
