Unlawful Activities (Prevention) Act, 1967, Section 43D(2), Criminal Procedure Code, 1973, Section 167(2) -- Remand - Court u/s 43-D(2) Proviso of the UAPA has been given power to extend and authorize detention of accused beyond a period of 90 days as provided u/s 167(2) Cr.P.C - Jurisdictional Magistrate would also be clothed with jurisdiction to deal with remand of..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20 -- Default bail - Contraband - No application was filed by public prosecutor seeking detention of accused beyond 180 days - Indefeasible right had accrued in favour of petitioner when police failed to complete the investigation and put up the challan..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Compromise - Quashing of FIR - Wife failed to appear and record statement qua genuineness of compromise after taking divorce and receiving permanent alimony on the basis of said compromise - Quashing of FIR can be directed in such case, even in absence of consent of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 341, 506, 149 -- Bail - Abetment of suicide - Cancellation of bail as accused absented and no convincing ground furnished in exemption application - As it is first default on the part of accused as such in the event accused surrenders before trial Court within a period of 10 days and..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - "living in adultery" means only continuous and repeated acts of adultery - Wife could not be eschewed from getting the maintenance u/s 125(4) Cr.P.C. on the substratum of single instance of adultery...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 342, 506(ii), 294(b), 147, 148, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(b) -- Bail - Murder - Accused along with co-accused committed gruesome murder by tying the innocent persons for injured hens and cocks - Accused seems to..........
Criminal Procedure Code, 1973, Section 227, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Discharge - Offence u/s 4 of POCSO Act - I.O during investigation did not proceed for collecting birth certificate of victim - Medical Officer as per Ossification test opined that age of victim was more than 14 years but less than 15 years - There is thus, no..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - At the instance of prosecution - Addition/alteration of charge has to be done by Court based upon its own satisfaction and not at the behest of any of parties to the trial...........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded by police u/s 161 Cr.P.C - Cannot be used for any purpose except to contradict the witness...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife is B.A pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself and her minor daughter...........
