Criminal Procedure Code, 1973, Section 127, 125 -- Enhancement of maintenance - Petition u/s 127 Cr.P.C is not maintainable without there being any determination of maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 127 -- Enhancement of maintenance awarded under Protection of Women From Domestic Violence Act - There being no determination of maintenance u/s 125 Cr.P.C. petition u/s 127 Cr.P.C. is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheque number has been wrongly mentioned is of no relevance, as it is typographical error and thus, cannot be reason for quashing of proceedings...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Defamation - Imputations in counter filed in Court proceedings - Not circulated or stated so, in the public at large - A counter in a suit, though a public document, but is not seen by others - Even in the complaint, there is no averment that other persons read the counter - As such,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 323, 324, 328, 34 -- Anticipatory bail - Offence u/ss 376-D, 323, 324, 328, 34 IPC - Merely because petitioner had not sought pre-arrest bail when FIR was registered and was subsequently cancelled cannot be termed to be a circumstance to deny bail to petitioner, at a subsequent stage in..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, 85, Arms Act, 1959, Section 25, Indian Penal Code, 1860, Section 395, 427, 216, 34 -- Bail - Offence u/ss 20, 61, 85 NDPS Act, S.25 Arms Act and u/ss 395, 427, 216, 34 IPC - Recovery of 17 quintals 12 kg and 760 grams ganja from canter - From disclosure..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 4, 25 -- Bail - Grant of - Murder - Injuries caused to deceased were caused by hard and blunt impact - One injury out of them was individually sufficient in ordinary course of nature to cause death - Other injuries collectively were likely to cause death in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - High Court gave no reasons while granting bail to accused - There is only narration of facts in the said order - It is expected that at least some reason would be given by High Court while reversing the order of trial Court, which had rejected bail application by a reasoned..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Material witnesses have already been examined and remaining witnesses are either complainant or police officials and at present there does not seem to be any possibility of their being won over - Bail granted...........
