Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability of petition on ground of jurisdiction - Wife filed petition for maintenance at place `B' and in support thereof filed her voter card which prima facie shows that she is residing at place `B' and it is convenient for her to pursue the case at such place - Intention of husband as it appears from his..........
Criminal Procedure Code, 1973, Section 451 -- Release of muddamal (Gold bar) - Court or Police would not be required to keep article in safe custody and if proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before Court during trial - Gold bar directed to be released on condition of furnishing..........
Criminal Procedure Code, 1973, Section 360, 361 -- Benefit of probation - If trial Court is of opinion that order to release on probation is not advisable, trial Court has to assign reasons for non-giving the benefit of probation...........
Criminal Procedure Code, 1973, Section 360(4) -- Benefit of probation - Benefit as per S.360(4) Cr.P.C can be awarded by appellate Court or by High Court while exercising its power of revision...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360 -- Offence u/s 498-A IPC - Benefit of probation - Domestic dispute between parties wherein accused is alleged to have harassed his wife due to non-satisfaction of demand of dowry - Petition is pending since 2007 and accused was 23 years of age at the time of offence - No evidence that accused..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - While summoning of accused who resides outside the jurisdiction of Court in terms of S.202 Cr.P.C, it is obligatory upon Magistrate to inquire into a case himself or direct investigation be made by a police officer to such other officer for finding out whether or not there is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrants issued against accused for procuring his presence - Accused is ready and willing to surrender/submit himself to jurisdiction of trial Court, but for having apprehension of arrest he has been constrained to approach Court - Non-bailable..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Can be granted when accusation is made with the object of injuring or humiliating the applicant by having him arrested...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Order of bail in anticipation of arrest, cannot be granted for it to be used as a shield...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 380 -- Anticipatory bail - Husband surrendered tenancy and removed household items without informing the wife and without her consent and knowledge - Law does not permit even the husband to take household articles including jewellery in this manner - Only because a complaint of wife in relation to..........
