Criminal Procedure Code, 1973, Section 116(1), 116(3) -- Bail bond - Bond which can be executed should be and must be for the period till completion of enquiry u/s 116(1) Cr.P.C - Forfeiture of bail bond on the allegation of violation after expiry of 6 months period would not stand in the eye of law and it is set aside...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Application u/s 482 Cr.P.C - Maintainability - Where statutory remedy of appeal u/s 14-A of SC/ST Act is available, inherent powers of Court u/s 482 Cr.P.C cannot be invoked - Application dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Recall of complainant for cross-examination - Statutory presumption u/s 138 of the Act against accused has to be dislodged by way of materials and cross-examination - Admittedly, complainant was not cross-examined - Cross-examination of complainant is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Accused by way of additional evidence sought examination of mother of complainant - Specific case of complainant is that accused borrowed loan from his mother and she issued cheque in favour of accused which got..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Interim bail - Contraband - Accused wants to solemnize his marriage and for this purpose he sought interim bail - He is stated to have undergone an actual sentence of 4 years - Interim bail for 4 days granted to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Petitioner is trying to mislead the Court as regards his admission in hospital - Though petitioner is having some medical ailment, but by not surrendering on time and moving application for extension of bail by..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere long detention in jail does not entitle an accused for bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(AB), 506, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Prosecutrix levelled specific allegation against accused of oral sex with her and that accused penetrated penis in her way of urine - She was about 12 years at the time of incident, therefore, at the..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(s) of SC/ST Act - Incident does not appear to happen in a public place or in a public view - Offence u/s 3(1)(s) of the Act thus, not attracted - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to wife and children - Dispute as to paternity of children - DNA test - Husband refused to go for DNA test - Refusal to undergo DNA test in a paternity dispute can lead to an adverse inference against refusing party - Husband cannot deny paternity of children when he refuses to..........
