Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized under NDPS Act - When contraband is recovered from body of accused who traveled in the vehicle, it cannot be hold that vehicle also has been used as conveyance so as to make same as a subject matter of confiscation - Vehicle released on interim custody on conditions...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506, 448, 387 -- Quashing of proceedings - Cheating - FIR does not disclose any act of accused or their participation in commission of crime - It is not the case of complainant that either accused have played any active/passive role either in scribing document or are..........
Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Summoning of a witness examined as a prosecution witness - Provision of S.233(3) Cr.P.C. cannot be understood as one compelling the attendance of any prosecution witness who was examined in chief already, cross examined and re-examined, to be examined as a defence witness...........
Criminal Procedure Code, 1973, Section 340 -- Inquiry u/s 340 Cr.P.C is mandatory in nature and such an enquiry should be conducted before proceeding further in cases involving allegation of commission of offences u/ss 192, 193, 195 IPC...........
Criminal Procedure Code, 1973, Section 340 -- All omissions or false statements given by a witness shall not be construed as substantive to attract offence of perjury - However, gravity of false statement, circumstances under which such statement is made, intend behind making such statement and its ramification in final decision of case may be decisive while proceeding u/s..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application for anticipatory bail is not maintainable when offence is bailable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Admitted income of husband would come to Rs.3500 as per affidavit filed by him in lieu of chief examination - Even though husband alleged adultery on the part of wife to deny maintenance to her, however, nothing in evidence to prove adulterous life of wife - Similarly, though husband denied..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of maintenance allowance from date of application without recording specific reasons is not sanction of law...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Date from which payable - When a party claims maintenance by filing a petition, party must get maintenance from date of petition onwards and same is sanction of law - No doubt, deviation therefrom can be had for specific reasons to be recorded in writing and not otherwise...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - Murder - Accused is behind the bars for more than three years and till date trial not concluded - Though 31 witnesses have been examined, but 13 witnesses yet remain to be examined - Considerable time is still likely to be consumed in conclusion of trial, bail granted to..........
