Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - It was incumbent upon High Court while invoking power u/s 482 Cr.P.C to consider the question whether allegations would constitute the offence alleged against accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 504, 506 -- Quashing of proceedings - Cheating - Ingredients necessary to constitute offence u/ss 420, 406, 504 & 506 IPC not made out - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused summoned by trial Court after relying on FIR and statement of complainant and other witnesses recorded u/s 161 Cr.P.C - Revisional Court without considering material placed on record set aside the order of trial Court allowing application u/s 319 Cr.P.C - Order of Revisional Court set..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted by holding that application for extension is filed without any valid basis - However reasons given u/s 43D(2)(b) of Unlawful Activities (Prevention) Act, 1967, were clearly made out and explained in the extension letter - Police report u/s 173(2) Cr.P.C had already been submitted prior to last date of..........
Criminal Procedure Code, 1973, Section 357A -- Compensation - Complainant suffered grievous injuries and his left leg below his knee had to be amputated - Consequently, an amount of Rs.5,00,000 awarded to complainant as compensation u/s 357-A Cr.P.C., instead of Rs.1,00,000 as directed by High Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
Criminal Procedure Code, 1973, Section 293 -- Report of Handwriting expert - Issued by Scientist without examining expert not reliable...........
Criminal Procedure Code, 1973, Section 293 -- Report of Handwriting expert - Issued by Scientist without examining expert not reliable...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Default in payment - Defence of erring husband can be struck off as a last resort - Family Court has failed to provide husband an opportunity to pay entire arrears of interim maintenance before resorting to extreme step of striking off his defence - One last opportunity is thus, granted to husband to pay..........
