Criminal Procedure Code, 1973, Section 441A -- Bail Bonds - Sureties - No bar for accepting a person as surety even if he has stood surety in some other case/cases - Only pre-condition for accepting surety is that they should be fit or competent, solvent and reliable...........
Criminal Procedure Code, 1973, Section 441A -- Bail Bonds - Sureties - Bail granted in four cases - Where accused is facing number of criminal cases, he may move an application before Court concerned disclosing difficulties faced by him, if any and to permit him to furnish same set of sureties in a particular case...........
Criminal Procedure Code, 1973, Section 482, 320 -- Compromise in non compoundable offence - Where parties have amicably settled dispute and victim willingnessly consented to nullification, it is highly necessary to wind up the proceedings in exercise of inherent powers u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Essential Commodities Act, 1955, Section 3, 7 -- Quashing of FIR - Cheating - Allegation that hydrocarbon mixture was found in the seized tanker which was being sold by accused representing it to be petrol or diesel - However, samples were sent more than two years back for testing but a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Contraband - Examination of accused u/s 313 Cr.P.C. - Two material circumstances not put to accused in his examination u/s 313 Cr.P.C. as such a serious prejudice is caused to accused in his defence - These two material circumstances has to be kept out of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of income tax returns of complainant - Income tax returns of complainant needed due to certain response elicited during course of cross-examining complainant - By allowing the application, complainant cannot claim that he will be put to hardship and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 293(4) -- Dishonour of cheque - Sending cheque and promissory note for expert opinion - Accused did not dispute the execution of cheque though disputed payment - However, accused did not dispute the promissory notes as well as endorsement of part payments on promissory notes - There is no..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Right of mother to seek maintenance from his son does not get extinguished only due to fact that she had not nurtured his son or she contracted second marriage with some other person...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to mother - Mother left his son 36 years ago and contracted second marriage - Factum of mother and son is established between parties - Right of mother to seek maintenance from his son does not get extinguished only due to fact that she had not nurtured his son or she contracted second marriage with some other..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Three cheques were dishonoured and three notices were issued - There is no impediment in holding a joint trial - Plea of accused that single complaint for three cheques is not maintainable rejected...........
