Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife herself abandoned matrimonial home and from last 10 years she is residing separately - Husband is interested in continuing marital life with wife and therefore, filed a petition u/s 9 of the Act - Family Court rightly allowed application u/s 9 of Hindu Marriage Act filed by husband - Wife failed to..........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Commission of any offence or leveling allegations of commission of offence is not sufficient to freeze the accounts of a person except as permissible under law - Freezing of accounts is not permissible for infinite period particularly when property is neither a suspected stolen property nor there is..........
Criminal Procedure Code, 1973, Section 457, 102 -- Release/de-freezing of bank account - Neither ingredients of S.102 Cr.P.C are existing to empower Police Officer to seize bank accounts of petitioner nor any nexus or link is pointed out, much less established by investigating agency between offence committed by accused and operation of bank accounts concerned - There is..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Accused seeking exemption from personal appearance - Rejection of application on the ground that accused has to undergo examination u/s 251 Cr.P.C. - The object of S.251 Cr.P.C. is only to the extent of apprising accused of particulars of offence and..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Lack of competence of previous counsel - Not a ground to reopen examination of complainant...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Change of counsel after discharge of previous counsel - Not permissible as every counsel representing a party can have a different point of view and new questions might crop up, which according to him may be material to the case...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a), Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Cheque was presented by complainant for encashment with his banker at Bank in District Hamirpur - In view of amendment of S.142(2)(a) of N.I. Act, jurisdiction to try complaint vested with Court of competent jurisdiction in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of eight cheque - Eight complaints - Joint trial - It is not obligatory for Court to hold joint trial, as S.220 Cr.P.C is an enabling provision - It is discretion of Court concerned to decide whether or not to order joint trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of eight cheques - Eight complaints - Joint trial - Cheques in question bear different dates and were presented and dishonoured on different dates - Statutory notices were also issued on different dates - Complaints were filed on different cause of actions pertaining..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 21 kg poppy husk - Accused had undergone total actual sentence of 4 months and 7 days - There is no case registered against him of similar nature - Appeal is admitted and it is..........
