Criminal Procedure Code, 1973, Section 409(2) -- Recall of Sessions trial - S.409(2) Cr.P.C creates a bar on administrative power of Sessions Judge for recalling sessions trial after trial of case has commenced...........
Criminal Procedure Code, 1973, Section 173 -- Copy of charge sheet - Copies of charge sheet and relevant documents along with charge sheet do not fall within S.4(1)(b) of RTI Act - State cannot be directed to put on their websites copies of all chargesheets/challans filed u/s 173 Cr.P.C...........
Right to Information Act, 2005, Section 4(1)(b), Criminal Procedure Code, 1973, Section 173 -- Charge sheet and relevant documents alongwith the charge sheet - Do no fall within S.4(1)(b) of RTI Act...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 498A -- Summoning of additional accused - Abetment of suicide - Cruelty - Accused implicated first time in statement of informant before trial Court - Story set up by witnesses during their testimony before trial Court has come up for the first time which is against the allegations of FIR and..........
Criminal Procedure Code, 1973, Section 302 -- Permission to conduct prosecution by her own advocate - FIR is of the year 2011 - Case is still pending and a distress woman is continuing to pray for justice even after 10 long years - Opportunity is given to de facto complainant/her advocate a fair and effective hearing, as victim/complainants rights are totally independent,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354, 354A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Compromise - Dowry demand - Compromise arrived at between parties and parties amicably resolved their dispute - Offences in question are of predominantly private in nature and no moral turpitude or..........
Hindu Adoptions and Maintenance Act, 1956, Section 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance to widowed daughter-in-law - Daughter-in-law cannot claim maintenance u/s 125 Cr.P.C. but she can claim the same u/s 19 of Hindu Adoptions and Maintenance Act...........
Hindu Adoptions and Maintenance Act, 1956, Section 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance to widowed daughter-in-law - Provision of S.125 Cr.P.C. in petition u/s 19 of Hindu Adoptions and Maintenance Act cannot be applied...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 34 -- Quashing of proceedings, post conviction, during pendency of appeal - Compromise - Proceedings emanating from matrimonial dispute - No embargo in exercising power u/s 482 Cr.P.C. to quash proceedings - Criminal proceedings quashed...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Interim custody of vehicle alleged to be used in committing offence under NDPS Act cannot be denied on the ground of severity of offence...........
