Criminal Procedure Code, 1973, Section 161, Indian Penal Code, 1860, Section 304B -- Statement of brother of deceased/PW6 - Dowry death - PW6 gave his statement first time before Court - There was thus, no previous statement on record for corroboration to his version - No explanation was given as to why PW6 did not get his statement recorded u/s 161 Cr.P.C - Evidence of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court can consider unimpeachable evidence while exercising jurisdiction for quashing u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder case - Allegations against i, laws of deceased - Deceased in her dying declaration only mentioned the name of her sister-in-law, she has not mentioned the names of others - Neither complaint nor evidence of witnesses indicates as to role played by appellants in commission of offence and..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Matrimonial dispute - False statement allegedly made in anticipatory bail application by accused - However, evidence on record shows that statement made in anticipatory bail application cannot be tested against unimpeachable evidence as evidence not yet led - Moreover, report in the nature of preliminary investigation..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted a year ago - No complaint with respect to misuse of liberty of bail or interference with due course of justice or tampering with evidence in any manner after grant of bail - No substance in allegation that accused will tamper with evidence or attempt to interfere with due course of justice..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Detailed examination of evidence and elaborate discussion on merits of case need not be undertaken for grant of bail - Court has to indicate in bail order, reasons for prima facie conclusion when bail is granted, particularly when accused is charged of having committed a serious offence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Misappropriation of huge amount of public money - Criminal conspiracy - Manner in which huge money was collected in contravention of provisions of SEBI Act and CIS Regulations and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Serious allegations of cruelty - Even if there is no evidence on record to prove domestic violence caused to wife by husband, still husband is liable to pay maintenance to child...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354A, 341, 323, 294, 506, Protection of Children from Sexual Offences Act, 2012, Section 12, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 42 -- Bail - Sexual abuse of girl children living in Child Care Centre - Statements of most of girl students staying in Centre..........
