Criminal Procedure Code, 1973, Section 70 -- Issuance of arrest warrants, at first instance instead of issuing summons or bailable warrant - Impugned order set aside - Petitioner directed to appear before trial Court and move regular bail application...........
Criminal Procedure Code, 1973, Section 378 -- First appeal against order of acquittal - High Court while dismissing appeal has not at all discussed or re-appreciated the entire evidence on record - In fact, High Court has only made general observations on the deposition of witnesses examined - However, there is no re-appreciation of entire evidence on record in detail,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - Maintenance awarded by trial Court from date of order - S.125(2) Cr.P.C is prima facie clear that maintenance shall be payable from date of order - Trial Court rightly granted maintenance from date of order...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of Rs.1500/- p.m. as interim maintenance - Amount is not only meager but also insufficient - No interference is required in the impugned order as same does not suffer from any illegality - However, three months time is granted to pay the entire amount of arrears of interim maintenance in three equal..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Order rejecting application for withdrawal of prosecution - Writ petition - Maintainability - Accused has no authority or locus to challenge the order passed on an application preferred by State - Prima facie writ petition against order rejecting application for withdrawal of prosecution is not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration of ownership on the basis of gift deed filed after a delay of about 20 years - Trial Court dismissed the application by holding that point of limitation is a mixed question of law and fact - Impugned order set aside in view of judgments of Supreme Court passed..........
Criminal Procedure Code, 1973, Section 378(1)(3), Indian Penal Code, 1860, Section 325, 326, 114, 504 -- Appeal against acquittal - Leave to appeal - Offence u/ss 325, 326, 114, 504 IPC - Trial Court has rightly found that prosecution has miserably failed to establish case and has rightly acquitted accused - No compelling reasons or infirmity to interfere with order of..........
Indian Penal Code, 1860, Section 498A, 323, 294, 34, 506(PartII), Criminal Procedure Code, 1973, Section 228 -- Cruelty - Matrimonial dispute - Order of framing of charge - FIR lodged by wife against husband cannot be said to be lodged by way of counter blast after receiving notice of divorce petition - As regarding question of delay in lodging FIR, FIR lodged when even..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Order de hors reasoning or bereft of relevant reasons cannot result in grant of bail...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint case ordered to be tried as summons case - Quashing of order - Trial Court passed order while advancing plausible reasons - Order of trial Court to try complaint case as summon case held, proper...........
