Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once a charge sheet is filed within prescribed period, right to statutory bail u/s 167(2) Cr.P.C. does not accrue...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(2) -- Cancellation of default bail - Material placed on record discloses that a huge quantity of contraband i.e., 808.18 kilograms of Ganja was seized in the case - Offence alleged is one involving commercial quantity and therefore rigours of S.37 of the NDPS Act would also be attracted while considering question of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- Maintenance to minor child - Merely because mother of minor child is also earning does not absolve father from his statutory obligation to maintain child...........
Practice and Procedure -- Liberty granted to move an appropriate application - Such liberty cannot be construed to permit to re-agitate the very same prayer under the same statutory provision which had already been considered and found inapplicable by High Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent powers of Court are to be exercised sparingly - However, where very initiation of proceedings is vitiated by non-compliance of a mandatory statutory safeguard, High Court would be justified in stepping in to prevent abuse of process of Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Non production of service report or track report - By itself not a ground to dismiss complaint at the threshold, particularly when complainant has asserted that notice was duly dispatched on correct address of accused - Question whether notice was actually served or not is essentially a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Dispatched within the same city - Presumed to be served within three days - 15 days time begins to run from the date of presumed service - Complaint filed after expiry of statutory waiting period calculated from presumed date of service - Complaint cannot be said to be premature...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Once a charge-sheet is filed within statutory period, accused cannot claim default bail merely because cognizance has not yet been taken or because certain documents are filed later...........
Employees Compensation Act, 1923, Section 4A(3)(b) -- Compensation - Insurance Company has undeniably admitted its liability to pay compensation and interest component u/s 4-A(3)(b) of the Act - However, respondent has not produced extant insurance policy that was governing the field at the time of incident - More so, when statute itself has obligated employer to make..........
