Bharatiya Nagarik Suraksha Sanhita, 2023, Section 425 -- (Criminal Procedure Code, 1973, S.384) - Appeal against conviction - Dismissed in default - Appeal cannot be dismissed in default on account of absence of counsel for accused and same can be decided only on merits...........
Criminal Procedure Code, 1973, Section 362 -- Review - Once judgment or order is signed, no alteration or review of same is permissible except to correct a clerical or arithmetical error...........
Criminal Procedure Code, 1973, Section 362 -- Review - Order granting bail - Order granting bail reversed - There was no clerical or arithmetical error which had crept in - Impugned order set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, 223 -- (Criminal Procedure Code, 1973, Ss.190, 200) - Private complaint - Cognizance of offence - While taking cognizance of an offence based on a private complaint especially one filed as a protest complaint against a refer report filed by police, Magistrate shall take into consideration the refer report as well - It..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- (Criminal Procedure Code, 1973, S.389) - Suspension of sentence during pendency of appeal against conviction - Directing accused to be present before Appellate Court or revisional Court would not be warranted after an order for suspension of sentence has been passed and bail granted...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court at the stage of considering application u/s 482 Cr.P.C. cannot embark upon a roving trial as to reliability, genuineness or otherwise correctness of allegations made in FIR and materials collected during investigation by investigating officer...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(r), (s) of the Act - Quashing of proceedings - Alleged incident occurred near graveyard situated in village which comes within public place and public view - Therefore, prima facie offence established u/s 3(1)(r),..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Maintenance to wife - Determination of income of husband employed abroad - Mere earning in foreign currency does not by itself entitles wife to claim maintenance by mechanically converting husband's foreign income into Indian currency and applying formulae evolved by Indian..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Maintenance to wife - Determination of income of husband employed abroad - Where one of spouses is employed abroad and has failed to place complete and candid disclosure of income before Court, assessment necessarily involves a degree of estimation and informed guesswork -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Interim maintenance to wife - Mere capacity to earn cannot be equated with actual earnings - When it is admitted that wife is not gainfully employed, question whether she deliberately remained unemployed to extract maintenance, can only be ascertained after evidence is led by..........
