Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Criminal Procedure Code, 1973, Section 437(5), 439(2), Indian Penal Code, 1860, Section 302, 201, 306 -- Anticipatory bail - Second petition - Maintainability - Earlier anticipatory bail petition was dismissed on 06.04.2026 and the subsequent petition filed on 16.04.2026 disclosing no change in circumstances, much less..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Criminal Procedure Code, 1973, Section 437(5), 439(2), Indian Penal Code, 1860, Section 302, 201 -- Anticipatory bail - Accused already on regular bail - Addition/alteration to graver non-bailable offence during trial and order framing charge - A person released on bail is already in constructive custody of law and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Indian Penal Code, 1860, Section 120B -- Abetment and criminal conspiracy - Scope - S.29 NDPS Act is almost pari materia in its spirit to S.120-B IPC and the contention that non-invocation of S.120-B IPC vitiates the case is misconceived...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 37 -- Contraband - Bail - Statements of co-accused u/s 67 and mere WhatsApp chats or phone call logs without voice recordings or transcripts are insufficient to establish a nexus with drug trafficking and do not satisfy the reasonable-grounds test u/s 37 of the Act - Call logs alone cannot prove a criminal..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife is gainfully employed is not an absolute bar for awarding maintenance - Court must assess if income is sufficient to sustain a life style commensurate with that enjoyed in matrimonial home...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a highly successful software engineer who was earning Rs.4,50,000 p.m - TDS records of husband demonstrate a substantial earning capacity - His professional qualifications and past lucrative income signify a continued capacity to meet matrimonial obligations - Wife is also earning - Interim..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance granted to wife u/s 125 Cr.P.C. and maintenance pendente lite u/s 24 of Hindu Marriage Act - Determination of maintenance u/s 125 Cr.P.C. being a final adjudication on entitlement and quantum of maintenance based on appreciation of evidence assumes primacy over any interim..........
Criminal trial -- Acquittal terminology and relief - Where courts find no evidence against accused, appropriate order is an honourable acquittal and not an acquittal by giving "benefit of doubt" or by stating "in absence of evidence" since such phraseology would affect future career prospects - High Court modified revisional judgment, expunging the words "in absence of..........
Criminal trial -- Acquittal on merits vis-a-vis benefit of doubt - An honourable acquittal is one where Court, upon full-fledged appreciation of evidence, reaches a definitive conclusion that accused had not committed the offence - This stands in contrast to an acquittal arising from lacunae in the prosecution case or non-availability of credible evidence where the benefit..........
Words and Phrases -- "Honourable acquittal", "acquittal of blame", "fully exonerated" - Expressions are unknown to the Code of Criminal Procedure, 1973 or the Indian Penal Code, 1860 and are coined in judicial pronouncements...........
