Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - When cancellation of bail is sought either on the ground of post conduct of accused like violation of conditions of bail or on the ground of occurrence of supervening circumstances, Court must issue notice to accused to explain why bail granted to him should not be cancelled...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 413, 471 -- Anticipatory bail - Cheating - Allegation against petitioner is that she committed forgery of a document which is to be used in transferring an immovable property, though her case is of a complete denial - In order to ascertain whether offences have been really committed by..........
Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory/regular bail - Directions issued to Registry for strict compliance viz.: (i) petition for anticipatory bail or regular bail should be appended with legible copies of complaint and FIR registered against accused - If accused fails to enclose copies of complaint and FIR, Registry should return the petition and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Quashing of FIR - Offence u/s 376AB IPC, Ss.4, 6 POCSO Act, Ss.3(1)(w), 3(2)(v) SC & ST Act - Liability - The..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C is a discretionary and extraordinary power which should be exercised sparingly - Crucial test has to be applied which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that evidence if goes unrebutted would..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 364, 366, 376, 307 -- Summoning of additional accused - Kidnapping, rape and attempt to murder - Incident took place in the Hotel - CCTV footage of Hotel indicates that no other person visited hotel except main accused - Evidence recorded during course of prosecution if remain unrebutted, will not..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - Cannot proceed and must come to an end once civil Court is seized of matter - Inter se rights of parties regarding title or possession are eventually to be determined by civil Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income tax returns do not necessarily furnish an accurate guide of real income - It is for Family Court to determine on a holistic assessment of evidence what would be real income of husband so as to enable wife and children to live in a condition commensurate with status to which they were accustomed..........
Prevention of Money Laundering Act, 2002, Section 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3 of PML Act - Quashing of proceedings - Person by handing over money with intent of giving bribe, will be assisting or will knowingly be a party to an activity connected with the proceeds of crime in view of S.3 of PML Act - Role played by such person thus, would..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 323, 504, 506, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - Investigation of case is in progress - Merely because wife of accused is pregnant and her due date of delivery is expected soon as per..........
