Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Date on which accused was remanded to judicial custody has to be excluded from calculation of statutory period as prescribed u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21(c), 29 -- Default bail - Day of initial remand of accused to be excluded from statutory period - Prayer of extension allowed on 180th day - Unless statutory period of 180 days is completed, no right of default bail accrues in favour of accused - Bail..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of proceedings - Dishonour of cheque - Since cheque was given, to be present upon a contingent event accruing or a contingent condition being fulfilled until condition was fulfilled by complainant and if cheque had been presented before the said date, then it could be..........
Criminal Procedure Code, 1973, Section 125, 397, 401, Family Courts Act, 1984, Section 19 -- Order of interim maintenance in a petition u/s 125 Cr.P.C. by Family Court is an interlocutory order - Challenged thereto - Neither revision u/ss 397, 401 Cr.P.C. nor appeal u/s 19 of Family Courts Act is maintainable...........
Criminal Procedure Code, 1973, Section 432 -- Remission - Presiding judge's opinion must be accompanied by reasons as per S.432(2) Cr.P.C - Opinion accompanied by inadequate reasoning would not satisfy the requirements of S.432(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 432 -- Remission - Court has power to review the decision of government regarding acceptance or rejection of an application for remission u/s 432 Cr.P.C. to determine whether decision is arbitrary in nature - Court is empowered to direct the government to reconsider its decision...........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Mere delay by itself cannot be a sole factor in rejecting prosecution's case arrived at after due investigation...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Non examination of witness despite being available may call for an explanation from the Investigating Officer - It only causes doubt in the mind of Court, which is required to be cleared...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - FIR lodged against unknown person - Victim left parental home on her own sweet will and had gone with accused and solemnized marriage with him, which is evident from her statement..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Statement of a witness recorded u/s 164 Cr.P.C is a previous statement and can only be confronted in accordance with S.145 of Evidence Act and relevant portion should be made part of deposition - Procedure for marking the statement for the reason witness accepting his statement u/s 164 Cr.P.C. is..........
