Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 120B, Prevention of Corruption Act, 1988, Section 7, 13(1)(a), 13(2) -- Anticipatory bail - Cheating - Proclamation u/s 82(1) Cr.P.C issued against accused - However, nothing on record to indicate that proclamation has been published as provided u/s 82(1) Cr.P.C - In the absence of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Probative value of material which is on record along with charge sheet cannot be considered at the stage of consideration of bail application...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Deceased/wife was staying separately from accused/husband from 2021 and had been taking treatment for anxiety and depression - Demand of dowry was not stated to be a stressor or trigger for her said medical issues as shared by her with treating doctor - Moreover,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Numerous complaints - One bail order cannot be applied to all other subsequent cases...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 474, 411, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Numerous complaints were filed by depositors and others who were cheated throughout country - Most of complaints have been given subsequent to case registered..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave her matrimonial home, as husband used to harass wife mentally and physically - If wife has sufficient reason to live separately, she cannot be denied maintenance u/s 125 Cr.P.C. - Maintenance @ Rs.4000/- p.m. rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Matter is purely of civil nature - Instead of seeking his remedies through civil Court, complainant chose to made complaint to police and despite opinion of District Attorney that no criminal case was made out, FIR was still registered - Prima facie..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Court can suspend sentence during pendency of appeal without deposit of 20% of amount of fine/compensation in an exceptional case - If Appellate Court comes to conclusion that it is an exceptional case and that imposing condition to deposit of 20% amount..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence without imposing condition of deposit of 20% of compensation amount without there being a plea by accused - When an accused seeks a blanket order of suspension of sentence then Court has to consider whether the case falls in..........
Criminal Procedure Code, 1973, Section 195 -- False evidence - Private complaint - Where false evidence is given in Court, proceedings can be initiated only on the basis of a complaint in writing by that Court or of some other Court to which that Court is subordinate - No proceeding can be maintained at the instance of a private individual even though he may be person..........
