Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Imposition of cost on accused as a condition precedent for exercising right u/s 311 Cr.P.C, itself is improper and unjust...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Discretion is conferred by S.311 Cr.P.C on all Courts to exercise the power to summon any person as a witness, or examine any person in attendance, though not summoned as a witness or recall and re-examine any person already examined at any stage of any inquiry, trial or other proceeding under Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court on filing application u/s 311 Cr.P.C must be convinced that witness sought to be summoned or evidence proposed to be adduced additionally is very much relevant to arrive at a just decision of the case...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Accused misusing his liberty by indulging in similar kind of criminal activity, which is a continuing offence - It is attack on rule of law - Bail cancelled...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Delay of 8 in filing complaint - Proviso (c) of S.138 of the Act speaks that for drawer of such cheque fails to make payment of said amount of money to payee or as the case may be, to holder in due course of cheque..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband admitted that he was earning a monthly income of Rs.42,900/- - Mere fact that wife was enrolled with Bar Council of Rajasthan, would not mean that she could maintain herself and her daughter - Maintenance rightly granted to wife and daughter...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Provision of S.125 Cr.P.C is enacted for social justice and specially to protect woman and children and also old and infirm parents and falls within constitutional sweep of Art.14(3) of Constitution reinforced by Art.39 of Constitution...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Wife is unable to maintain herself and husband had turned her wife on account of non-fulfillment of dowry demands - She is simple house wife having no independent earning - It is incumbent upon husband to provide financial succor to wife - Maintenance @ Rs.3000/- to wife and Rs.2000/- to son from..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Breach of bond conditions - Involvement in a criminal case registered subsequently - Order sending to custody due to violation of bond passed after affording due opportunity to appellant - High Court rightly affirmed said order - No interference warranted in said order...........
Criminal Procedure Code, 1973, Section 379 -- Appeal against acquittal - Law as to: (i) while dealing with appeal against acquittal, reasons which had weighed with trial Court in acquitting accused must be dealt with, in case appellate Court is of the view that acquittal rendered by trial Court deserves to be upturned: (ii) with an order of acquittal by trial Court, normal..........
