Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for completing investigation - Neither report of Public Prosecutor is on record of Court below, nor there is any reference to any such report of Public Prosecutor in impugned order of extension of time - Even, communication of..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court earlier rejected bail application - Trial Court granted bail on filing of fresh bail application, having due regard to the nature of offence, fact that other accused had been granted bail and that charge sheet has been submitted - Order of trial Judge does not indicate that he had applied..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Grant of maintenance u/s 25 of the Act when marriage between parties has been declared null and void by trial Court, cannot be maintained in the eye of law - Order granting maintenance set aside...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife has not filed any application u/s 25 of the Act - Grant of maintenance by lower appellate Court while dismissing appeals filed by wife affirming decree of trial Court declaring marriage as null and void is vitiated by manifest error of law and set aside...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order of interim compensation passed without hearing accused - Impugned order set aside - Matter remanded...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures on disputed document with signatures on photocopy - No steps taken by plaintiff to secure original document either from defendant or person who is having custody of original - It is not the case of plaintiff that original document is not available - In such circumstances, sending photocopy to..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount deposited with trial Court has been agreed to be released in favour of complainant - Complainant has no objection for compounding the offence in case said amount is released in his favour - Offence ordered to be compounded - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Two witnesses who reached the spot on a tractor did not support prosecution case - Improvement in statement of complainant which makes the case of prosecution doubtful - Material witness who is named in FIR and on whose arrival at the scene of crime..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court below while allowing application for appointment of Local Commissioner did not mention the quantum of fee of Local Commissioner and who will pay the same and thus, left it to sole discretion of local commissioner - Said vague order set aside - Trial Court directed to pass fresh order...........
Indian Penal Code, 1860, Section 376(2)(D), 506, 34 -- Rape - Incriminating evidence not put to accused in their statement recorded u/s 313 Cr.P.C. - Same cannot be considered by Court - Judgment of acquittal set aside - Matter remanded...........
