Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Bail during pendency of appeal against conviction - Contraband - Provision of S.52-A of NDPS Act were not complied with - Without expressing on the final merits of appeal, bail granted to accused...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Business transaction between parties - Complainant has not completed the work and work was further executed through third party and if such dispute is there that too in a case of commercial transaction, criminal action cannot be allowed to continue - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - In a proceeding u/s 145 Cr.P.C, dispute with regard to possession has to be decided on the basis of statements put in, evidence recorded and hearing the parties and not basing on any documentary proof of ownership...........
Criminal Procedure Code, 1973, Section 146, 145 -- Order of attachment - There must be existence of situation over possession of disputed land which may cause breach of peace between parties prior to any order of attachment of disputed property is made - If there is no direct evidence of any likelihood of breach of peace, inability of Magistrate concerned to come to a..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For the purpose of exercising its power u/s 482 Cr.P.C to quash criminal proceedings, High Court would have to proceed entirely on the basis of allegations made in the complaint or documents accompanying the same per se - High Court has no jurisdiction to examine the correctness or otherwise of..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Order granting suspension of sentence to an accused can in no way mean that stay/suspension of conviction also automatically stands granted...........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Mere fact that an appeal has been preferred against judgment of conviction and final adjudication thereof would take time is not a ground by itself for granting an order of stay of conviction...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(2)(n), 506, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Stay of conviction during pendency of appeal against conviction - Rape - Victim belongs to SC community - Accused was a married man having three children - Stay of conviction..........
Criminal trial -- Jurisdiction of trial Court in case of remand - Trial Court cannot enlarge its jurisdiction by allowing parties to reopen the matter which are not remanded to it...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife has initiated 7 proceedings against husband including 5 criminal cases u/s 498-A IPC and Dowry Prohibition Act - However, husband was acquitted of the charges - Husband lost his job as a teacher and is unable to find a new job by reason of criminal cases registered against him -..........
