Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Father pleaded that he is an unemployed person having no source of income, therefore he is unable to pay maintenance to daughter who is living with her maternal grandfather - Sub Divisional Officer (Revenue) and SHO concerned directed to visit house of father and submit a report about number of family..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - While scheme Cr.P.C. (now BNSS) provides concurrent jurisdiction to High Court and Sessions Court for entertaining applications for anticipatory bail - However, High Court should always encourage exhausting an alternative/concurrent remedy before directly..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Murder in broad daylight with the aid of hired assassins on contract - History of tense relations between parties - In view of serious nature of allegations against accused/respondents and gravity of offences alleged, High Court was not justified in passing..........
Criminal Procedure Code, 1973, Section 438 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - High Court granted anticipatory bail to respondent No.2 on the ground of parity with accused `V' - There is no question of parity between accused `V' and respondent No.2 as former was granted regular bail, unlike anticipatory bail as granted to respondent..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Criminal Procedure Code, 1973, Section 216 -- Quashing of order - Order allowing alteration of charges - Charges have been altered only on examination-in-chief of complainant without providing an opportunity to accused to cross-examine the complainant - Impugned order set aside - Matter remanded for fresh..........
Criminal Procedure Code, 1973, Section 205 -- (Corresponding to Bharatiya Nagarik Suraksha Sanhita, 2023, S.228) - Senior citizens - Exemption from personal appearance - Physical appearance dispensed with, unless specially required by trial Court...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petitioner sought to invoke summary jurisdiction of Court U.O.12.R.6 CPC by relying upon certain statements purportedly made by plaintiff in independent criminal proceedings before a criminal Court relating to dishonour of cheques - However, statements relied upon by petitioner do not qualify as clear,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - While invoking power u/s 319 Cr.P.C. trial Court should consider the statements of witnesses adduced before it and it should not place reliance upon material available in the charge-sheet or case diary...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - For summoning an additional accused u/s 319 Cr.P.C. mere prima-facie case is not sufficient - It is to analyze, whether before trial Court material was sufficient to summon petitioners u/s 319 Cr.P.C. or not...........
