Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - No strong and cogent reason to summon accused to face trial in exercise of power u/s 319 Cr.P.C - Court below while allowing the application has failed to record degree of satisfaction which is required to summon an accused u/s 319 Cr.P.C - Order allowing application set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1.085 kg MDMA - Bail - Commercial quantity recovered from accused - S.37 of NDPS Act would apply to case - Prima facie there are materials in abundance to connect accused in the crime inclusive of CCTV footage - It cannot be held that..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Case is under investigation and no final report is filed - Quashing of FIR on the submission that parties resolved their dispute could not be considered at the crime stage, since such an exercise in cases involving offence u/s 307 IPC is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1.688 kg charas - Bail - Recovery effected from accused falls under Commercial quantity - Rigours of S.37 of NDPS Act comes into play - It cannot be said at this stage that accused has not committed any offence nor it can be said that if..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default - Accused was avoiding appearance before trial Court and on some occasions, counsel for complainant was not present - Trial Court has not exercised his discretion judicially and has wrongly rejected the complaint for want of..........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to unmarried major daughter - Unmarried major daughter cannot claim maintenance in ordinary circumstance merely on the ground that she does not have means for her sustenance - However, such major unmarried daughter can claim maintenance by reason of any physical or mental abnormality or injury if she is unable to..........
Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to wife - Wife has no means to maintain herself - Husband though admitted that he had been working as manager of company having 52 employees but confined his income to Rs.500 per day - Income stated by husband not found believable by Family Court - Family Court thus, rightly awarded Rs.10,000/- p.m. as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Trial Court after considering the matter and evidence on record passed a detailed and speaking order recording its satisfaction that a prima facie case is made out and summoned applicant to face trial - Question of theft of cheque..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of facts of the case cannot be adjudged and adjudicated at this stage while exercising powers u/s 482 Cr.P.C. and only prima facie prosecution case has to be looked into as it is...........
Criminal Procedure Code, 1973, Section 438, 357 -- Anticipatory bail - Condition to pay interim compensation to legal heirs of deceased (victim) cannot be imposed while granting anticipatory bail...........
