Criminal Procedure Code, 1973, Section 482 -- Application u/s 482 Cr.P.C - High Court committed error while dismissing application u/s 482 Cr.P.C without referring the facts of case with a view to appreciate factual controversy and without examining grounds on which proceedings is challenged - Impugned order of High Court set aside - Case remanded back to High Court for..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Conviction by High Court - Interference with order of acquittal is not permissible on ground that different view is possible - Hence, if acquittal is justified on probable view taken by trial Court, it should not be interfered with...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 21, Rule 30 -- Maintenance pendente lite - Order of maintenance passed u/s 24 of Hindu Marriage Act is executable as a money decree...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejection of plaint - Earlier suit dismissed U.O.9.R.8 CPC - Subsequent suit filed only after changing nomenclature of suit - Clever pleadings made in subsequent suit just to create some unfounded illusion regarding cause of action in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 389 -- Manufactured drugs - Suspension of sentence during pendency of appeal - Accused were found in bulk possession of manufactured drugs without any valid authorization - S.80 of NDPS Act clearly stated that application of Drugs and Cosmetics Act is not barred and..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Accused not having title to the property but dealt with the property and on that basis complainant was induced to part with valuable consideration - These allegations whether true or not is a matter of trial - Order quashing..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Single judge while deciding application u/s 482 Cr.P.C not referred the facts of case to appreciate the controversy of case - Single Judge ought to have first set out brief facts of case with a view to understand factual matrix and then examine challenge made to proceedings in the light of principles of law..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Dismissal of application filed u/s 482 Cr.P.C. - Legality of - Cruelty - High Court quoted the principle of law relating to powers of High Court on issue of interference in cases filed u/s 482 of Cr.P.C. but failed to mentioned the bare facts of the case with a view to appreciate factual..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 304-B IPC and Ss.3, 4 Dowry Prohibition Act - Quashing of proceedings - High Court dismissed the application to quash proceedings by quoting principles of law to decide application u/s 482 Cr.P.C. without referring to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323 IPC and Ss.3, 4 Dowry Prohibition Act - Quashing of proceedings - High Court dismissed the application to quash proceedings by quoting principles of law to decide application u/s 482 Cr.P.C. without referring to facts..........
