Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup - Interim bail - Accused is resident of J&K - There is very good possibility of accused absconding from justice in case he is granted concession of interim bail -..........
Criminal Procedure Code, 1973, Section 235(2) -- Acquittal by trial Court - Conviction by appellate Court - Appellate Court is obliged under law to hear accused on the quantum of sentence...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Courts while dealing with maintenance matters either u/s 12 of PWDV Act or u/s 125 Cr.P.C, should not go into validity of marriage...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - Title suit - Plaintiff is praying for admitting document in evidence to show that there was a criminal case between parties due to dispute relating to suit land and a proceeding u/ss 144, 145 Cr.P.C had also been initiated involving suit property - Documents are certified copies and its authenticity..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2) -- Bail - Rape - Accused has been in incarceration for more than 8 months - Charge sheet has been filed - Trial Court has not yet framed charges and trial has not commenced - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Dismissal of application for bail at the time when investigation was pending - Order of discharge set aside by High Court - Accused not indulged in any unlawful activity when he was a free man during this period - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 124A, 153, 153A, 153B, Unlawful Activities (Prevention) Act, 1967, Section 18, 39 -- Bail - Offence u/ss 120-B, 124-A, 153, 153-A, 153-B IPC and Ss.18, 39 of UAPA - Accused has suffered incarceration for about 567 days - Order of discharge set aside by High Court - Nothing brought on record..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - At the stage of taking cognizance, Magistrate has no power to add or alter Sections considering case diary and charge sheet...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Anticipatory bail - Cheating - Accused admitted that amount of Rs.50 lakhs has been transferred to her account by informant - She is an advocate and has argued the matter in person - Huge amount of Rs.50 lakhs has been transferred to the account of accused - Anticipatory..........
Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - Omission to frame charge or any error in charge is never fatal unless, failure of justice has in fact been occasioned thereby...........
