Criminal Procedure Code, 1973, Section 482 -- Dismissing of application u/s 482 Cr.P.C. - Delay in FIR - Cognizance of offence and Examining witnesses - JMFC held that the case could be decided without collecting evidence from the police but single judge set aside the order as the matter should be investigated on deposition complainant - Especially in cases alleging sexual..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Powers of High Court u/s 482 Cr.P.C though are wide and are in the nature of inherent power, yet said power cannot be exercised suo motu in a sweeping manner and beyond the contours of what is stipulated under said Section...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 25 loose tablets and 1100 intoxicant tablets - Bail - Petitioner is a lady of 38 years and is in custody from 3.7.21 - Quantity recovered falls under commercial quantity - However, investigating agency was not able to gather any sufficient..........
Criminal Procedure Code, 1973, Section 438 -- Item No.22 in the list of Constitution Scheduled Caste and Scheduled Tribe Order amendment Act 1976 - Grant of bail - Applicability - State issued notification by which Petitioners were constrained to seek anticipatory bail on the ground that they come under provisions of 1989 Act - Lohar is not same as Lohara - Including..........
Indian Penal Code, 1860, Section 166, 167, 218, 463, 464, 465, 466, 471, Criminal Procedure Code, 1973, Section 156(3), 197 -- Jurisdiction - Compliance of Investigation and Sanction - Petitioner invoking jurisdiction u/s 156(3) Cr.P.C and necessity of S.197 Cr.P.C - Held, the want of sanction is not restricted to any act done by the public servant only in the discharge of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance u/s 125 Cr.P.C can be claimed by a person irrespective of belonging to any religious community - Object to said section is to provide immediate relief to an applicant...........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband seeking divorce from wife on ground of adultery which is pending consideration - He failed to establish allegation of adultery made against wife in terms of sub-section (4) of S.125 Cr.P.C. - Maintenance rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Madhya Pradesh Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006, Rule 18 -- Offence u/ss 379, 414 IPC, Ss.4/21 of Mines & Minerals (Development & Regulation) Act, 1957 & Rule 18 of..........
