Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34 -- Bail - Dowry death - High Court granted bail to accused relying upon alleged suicide note recovered from dressing table - Complainant submitted that findings of High Court placing reliance upon alleged suicide note would prejudicially affect interest of complainant in..........
Criminal Procedure Code, 1973, Section 438, 439(2) -- Anticipatory bail - Granted with condition that accused should not involve himself in similar or any offence - Two cases registered against accused thereafter - Mere registration of an offence is not breach of condition - Accused is innocent till he is held guilty - Order cancelling bail, set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 354 -- Quashing of summoning order - Offence u/ss 452, 323, 354 IPC - Summoning order passed on basis of evidence collected by Magistrate, which was perfectly well, in accordance with law - Meticulous analysis of factual aspect need not to be gone into, as same required to be gone into..........
Criminal Procedure Code, 1973, Section 204 -- Summoning order - Magistrate not expected to make analytic analysis of evidences at the junction of summoning - At this stage it is to be seen as to whether there exists a prima facie case or not...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent power of High Court is: (i) to make such order as may be necessary to give effect to any other order under Cr.P.C; (ii) to prevent abuse of process of any Court; and (iii) or otherwise to secure ends of justice...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Neither any right of respondents are in question nor same are in any manner at risk - If any order is passed in the suit, likely to affect rights of respondents, obviously same would be inoperative to the extent of affecting their rights, if they are not impleaded as party - More so, any order passed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506 -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC - Accused allegedly trespassed house of complainant and assaulted complainant - They ran from spot after many persons rushed to the spot, while extending threat of dire consequences - Said assault was owing to previous..........
Criminal Procedure Code, 1973, Section 204 -- Summoning of accused - For passing summoning order no detailed and meticulous reasoned order is expected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Delay in filing of complaint - Nothing mentioned in prayer clause to condone delay in filing complaint nor Court concerned condoned delay suo moto while passing summoning order - Trial Court without considering legal provisions for..........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted documents - Where entitlement of defendants is decided and Court has held that amount in fixed deposit is amount which defendants are entitled, there can be no rider placed on power of Court to pass an order to return documents by relying on O.13.R.9 CPC - Recourse to procedural restrictions U.O.13.R.9 CPC..........
