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...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 379, 215 -- Impersonation of surety - Court not made any enquiry nor recorded any prima facie satisfaction and has simply directed police authorities to carry out an investigation and submit a report before Court - Though Court in its discretion could have directed police authorities to investigate the matter and to furnish..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 368 -- Unsoundness of mind of accused - Petitioner asserted that he is suffering from serious psychiatric ailment - However, medical board opined that petitioner was not presently of unsound mind, not intellectually disabled and was capable of withstanding Court proceedings - Trial Court proceeded with trial relying upon..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties are staying separately since more than one year as on the date of presenting petition u/s 13-B of the Act - Both the parties have mutually agreed for divorce - Therefore, six months period as well as one year as provided in S.13-B(1) is almost over - Reunion of parties is not possible - Since..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint allegations disclose that cheque was issued for discharge of liability - Ingredients of S.138 of N.I. Act are prima facie made out from complaint allegations - Order of quashing set aside - Complaint restored...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Furnishing security in lieu of attachment - Once suit is decreed security furnished pursuant to an order U.O.38.R.5 CPC survives and enures to the benefit of DH - At the stage of execution liability of surety arises in terms of bond furnished by him...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence adduced by prosecution suffered from material discrepancies and whole story put up lacked credence - Although alleged weapon of offence, licensed firearm belonging to co-accused was recovered, no endeavour appears to have been made to subject the same to expert ballistic examination in order to establish whether..........
