Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Issue as to whether wife is living in adultery or not can be decided only after evidence is lead by both the parties - At the time of fixing interim maintenance, Court is not inclined to go into said issue...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Vicarious liability - As per material on record petitioner establishes that he had ceased to be director of company prior to issuance of cheques in question - Nothing on record to indicate that petitioner..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Summoning order set aside by revisional Court - It is apparent that a basic averment that respondent no.2 was responsible to accused company for its day-to-day affairs has been clearly made - However, no material is placed on record,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Once parties have amicably resolved their dispute and complainant has already stated before Court that his claim has been satisfied to his satisfaction and he has no objection to prayer of accused for compounding of offence - Offence..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Main purpose of exercise of powers by Executive Magistrate u/s 145 Cr.P.C is to determine the possession of one of the party - Both the parties have made rival claims regarding their possession, hence, it is question of fact, which can be determined only after enquiry..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry - Not permissible when offence discloses cognizable offence - Registration of FIR is mandatory if information disclosing cognizable offence...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Elaborate reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of relevant reasons cannot result in grant of bail - It would be only a non-speaking order which is an instance of violation of principles of natural justice - In such a case, prosecution or informant has a..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering an application for grant of bail, a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record...........
Criminal Procedure Code, 1973, Section 439 -- Bail - There cannot be elaborate details recorded to give an impression that case is one that would result in conviction or by contrast in an acquittal while passing an order on an application for grant of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 34, Arms Act, 1959, Section 27 -- Bail - Attempt to murder - Offences alleged against accused are serious in nature - There is history of enmity between parties - Accused has been named in eight cases and thus, he has criminal antecedents - Accused had absconded for a period of seven..........
