Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dismissal of complaint u/s 138 of N.I Act - Remedy available to victim is to seek special leave to appeal u/s 378(4) Cr.P.C, whether victim is complainant himself or somebody else...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Sufficient means - Does not signify only means such as property or definite employment - If person has means of earning or capacity to earn his living, same may be considered as `sufficient means' within meaning of S.125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Unemployed husband who met with an accident resulting in amputation of his right leg, not in a position to earn his livelihood, is not liable to pay maintenance to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Compensation awarded to husband on account of disability suffered in a motor accident - S.125 Cr.P.C cannot be construed to mean that it casts an obligation on person to pay maintenance to his wife and children out of compensation awarded to husband for disability suffered in a motor accident...........
Criminal Procedure Code, 1973, Section 125(4), (5) -- Maintenance to wife and children - Husband looking after wife and children till he met with an accident which resulted in amputation of his right leg - Wife and children refused to live with him only after he was hospitalized, without sufficient reasons - No material on record that husband neglected to maintain and look..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12(1) -- Juvenile - Anticipatory bail - Juvenile not entitled to move application for anticipatory bail in absence of specific provision in the Act of 2015...........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12(1) -- Juvenile - Anticipatory bail - Bail plea of juvenile can only be entertained when he is arrested or detained or appears or is brought before Board, and not otherwise - There is no provision either in the Act or in the Code which enables juvenile to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Accused coming to Court after taking liquor - No ground for cancelling the bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - On the ground that accused has come to Court after taking liquor - Court below neither found an overt act on the part of accused nor he caused obstruction in Court proceedings - Merely appearing in drunken state in a Court is neither offering insult nor causing interruption to Presiding Officer of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20, 29, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 6.2 kg charas - Claim on ground of parity - Recovery effected from co-accused - No recovery effected from petitioner - Co-accused already granted bail - Case of petitioner is on better footing than case of co-accused - Prima facie..........
