Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C - Recording of statement u/s 313 Cr.P.C. is between Court and accused - There is no role of defence lawyer when statement of accused is recorded u/s 313 Cr.P.C. directly by Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 395, 397, 307, 34, 120B, Arms Act, 1959, Section 25, 25(1)(a) -- Bail - Offence u/ss 342, 395, 397, 307, 34, 120-B IPC and Ss.25, 25(1)(a) Arms Act - Even though antecedents of accused may be one amongst relevant considerations while adjudicating a petition on merits for grant of bail,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - if the husband has sufficient means, he is obligated to maintain his wife and children, and not shirk away from his moral and familial responsibilities...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband had a monthly income of Rs.60,000 as per Family Court - He thus, had wherewithal to pay maintenance to wife - Family Court rightly awarded Rs.20,000 pm as interim maintenance from the date of filing of application...........
Criminal Procedure Code, 1973, Section 397, 401, 482 -- Revision - Scope of interference in a revision petition u/ss 397/401 Cr.P.C. r/w S.482 Cr.P.C. is narrow and can only be done if a situation arises wherein impugned order is replete with legal infirmities and is unconscionable to rule of law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - At pre-trial stage - Court should be slow to grant relief of quashing a complaint at a pre-trial stage, when factual controversy is in the realm of possibility particularly because of legal presumption...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - When cheque and signature are not disputed by accused, the balance of convenience at this stage is in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Factual defence without having to adduce any evidence need to be of an unimpeachable quality, so as to altogether disprove the allegations made in the complaint...........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of the Act of 1986 - Quashing of proceedings - Main accused was a gang leader and who was mastermind and he hatched criminal conspiracy along with co-accused including present accused to commit murder of deceased for a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 Kg 200 gms Charas - Bail - Contentions of accused may have substance but same can only be adjudicated at the trial - Plea of conscious possession has also to be adjudicated at the trial - Accused is in custody since 11.7.20 - He is not involved in..........
