Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 365 -- Anticipatory bail - Offence u/s 365 IPC - Accused has joined investigation - No custodial interrogation is required - Interim bail granted to accused is made absolute subject to conditions envisaged u/s 438(2) Cr.P.C - Anticipatory bail granted...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Interim maintenance - Prima facie wild allegations leveled by husband against wife are not enough to non-suit her claim of interim maintenance - It is for husband to prove his allegations against wife on the strength of evidence to be adduced by him - Wife has given details of retiral benefits released to husband -..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Challenged in appeal on the ground that wife has performed second marriage during pendency of divorce petition - This fact yet to be proved by cogent evidence - Allowing claim of wife for interim maintenance, cannot be faulted with - Interim maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 439 -- Interim bail - Wife of accused is pregnant - Mere pregnancy is not a reason enough for grant of interim bail to petitioner, as said condition is not a medical condition for which hospitalization is needed for a significant length of time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup - Interim bail - Accused is resident of J&K - There is very good possibility of accused absconding from justice in case he is granted concession of interim bail -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere registration of an FIR against accused during pendency of his bail application when he was on interim bail, cannot amount to violation of conditions of interim bail - Order of withdrawal of concession of bail set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating suit property during pendency of suit - Any alienation effected during pendency of suit is always subject to the result of suit - To avoid multiplicity of proceedings, defendant is directed to maintain status quo till disposal of..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order of interim compensation passed without hearing accused - Impugned order set aside - Matter remanded...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - When accused does not plead guilty, he does not automatically become liable to pay 20% of cheque amount as interim compensation - Court has to record reasons for determining quantum of compensation...........
