Criminal Procedure Code, 1973, Section 102 -- Seizure of property u/s 102 Cr.P.C - Delay in complying with S.102 Cr.P.C would not vitiate the seizure as such...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in forthwith reporting seizure to Magistrate may only be an irregularity but total failure to report seizure will definitely have a negative impact on the validity of seizure...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in reporting the seizure to Magistrate - Directions issued: (i) Police officer concerned shall inform bank whether seizure of bank account has been reported to jurisdictional Magistrate and if not, time limit within which seizure will be reported - If no intimation as to compliance or proposal..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418 -- Quashing of FIR - Cheating - Sale of defective car - Manufacturer of car offered to replace old car with brand new car in compliance with order of High Court - However, this was not acceded to by complainant - Old vehicle was admittedly returned to erstwhile dealer by complainant -..........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - Maintainability - First anticipatory bail application was dismissed as withdrawn - Therefore, there is no bar in entertaining subsequent anticipatory bail application...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where a Court considering an application for bail fails to consider relevant factors, appellate Court may justifiably set aside the order granting bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is presumption of non-application of mind which may require the intervention of Supreme Court...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Condition of furnishing of bank guarantee while granting bail is illegal...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 63, 305 -- Dishonour of cheque - Offence by Company - Whenever a Company is accused u/s 138 of the Act then summons has to be issued in the name of company and service of the same can be effected by serving it on the Principal Officer or Local Manager of Company...........
