Criminal Procedure Code, 1973, Section 228 -- Charge - Attempt made to convert a case of mere breach of contract into one of cheating - Nothing to show that accused had intention to deceive at the time when promise was made - Trial Court erred in framing the charge...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of summoning order - Cruelty - Dowry demand - Contention raised by applicants relate to disputed question of fact - Court has to eschew itself from embarking upon roving enquiry into last details of case - Perusal of complaint..........
Criminal Procedure Code, 1973, Section 386(a), (b) -- Powers of appellate Court - Where appellate Court is not satisfied with impugned order passed by trial Court, it can deal with appeal in accordance with law - Remanding of case back to trial Court for deciding afresh is in contravention of provision of S.386 Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Application u/s 12 of the Act - Maintainability - Merely because order u/s 125 Cr.P.C. is passed, it cannot be said that application under PWDV Act is not maintainable, as PWDV Act itself provides a separate application for claiming residence and monetary reliefs..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Non-bailable warrants - Petitioner was released on regular bail on 24.04.2017 - However on 01.06.2017 he remained absent without any intimation to the trial Court and therefore trial Court forfeited his surety and issued no, bailable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle from interim custody - No specific order passed by trial Court to confiscate the vehicle - Trial of case still pending - There is no provision under NDPS Act debarring release of vehicle for interim custody - Vehicle in question ordered to be..........
Criminal Procedure Code, 1973, Section 301, 225 -- Permission to assist prosecution by Private party - Prosecution before Court of Sessions, shall only be conducted by Public Prosecutor and not by anyone - Though assisting prosecution by private party in Court of Sessions is not banned, but such permission will be subject to control of Public Prosecutor, which means, until..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Trial Court recalling witnesses on the ground that no specific question put to witnesses to personally identify each and every accused in dock - However, all accused person were present before Court at the time of examination of witnesses - Moreover, after more than one year of recording of evidence,..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 227 -- Assets disproportionate to known sources of income - Discharge - Accused while serving as Minister of State acquired assets in his name and his wife and son far beyond their known source of income - Explanation offered by accused that he received the amount from his..........
Prevention of Money Laundering Act, 2002, Section 45, Criminal Procedure Code, 1973, Section 439(2) -- Bail - Grant of bail without compliance of requirements of S.45 of the Act of 2002 - Accused not only involved in the PMLA case but also in NDPS Act - Bail should not be granted to accused without complying with the requirements of S.45 of the PMLA - Impugned order of..........
