Criminal Procedure Code, 1973, Section 167(2) -- Default bail - When default bail is granted, there cannot be any stringent conditions...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Statutory right of default bail cannot be circumvented by imposing onerous conditions - Arbitrary condition imposed while granting statutory bail amount to infringement of fundamental right of detenue u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court should not have examined and recorded conclusion on the disputed facts to quash FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While exercising power u/s 482 Cr.P.C, High Court was legally bound to see if allegations/accusations constitute any offence or not...........
Criminal Procedure Code, 1973, Section 441A -- Bail Bonds - Sureties - No bar for accepting a person as surety even if he has stood surety in some other case/cases - Only pre-condition for accepting surety is that they should be fit or competent, solvent and reliable...........
Criminal Procedure Code, 1973, Section 441A -- Bail Bonds - Sureties - Bail granted in four cases - Where accused is facing number of criminal cases, he may move an application before Court concerned disclosing difficulties faced by him, if any and to permit him to furnish same set of sureties in a particular case...........
Criminal Procedure Code, 1973, Section 482, 320 -- Compromise in non compoundable offence - Where parties have amicably settled dispute and victim willingnessly consented to nullification, it is highly necessary to wind up the proceedings in exercise of inherent powers u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Essential Commodities Act, 1955, Section 3, 7 -- Quashing of FIR - Cheating - Allegation that hydrocarbon mixture was found in the seized tanker which was being sold by accused representing it to be petrol or diesel - However, samples were sent more than two years back for testing but a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Contraband - Examination of accused u/s 313 Cr.P.C. - Two material circumstances not put to accused in his examination u/s 313 Cr.P.C. as such a serious prejudice is caused to accused in his defence - These two material circumstances has to be kept out of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of income tax returns of complainant - Income tax returns of complainant needed due to certain response elicited during course of cross-examining complainant - By allowing the application, complainant cannot claim that he will be put to hardship and..........
