Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Pre-arrest bail cannot be granted as a matter of course - Power u/s 438 Cr.P.C. (S.482 BNSS) could be exercised only when a special case is made out that too after recording reasons thereof...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Mere fact that an accused was in a foreign country when an application for pre-arrest bail u/s 438 Cr.P.C. was filed, does not make application not maintainable...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Concealment of fact that accused was in abroad when filing application, that alone is enough for Court to decline to exercise its discretion u/s 438 Cr.P.C. (S.482 BNSS) in his favour...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - When wife discontinued her job due to marital obligations as well as compulsions than she is entitled to get maintenance from husband who is in well paid profession, till she again get the job of sufficient income to maintain herself...........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Maintainability - Banking service - Complaint allegations is that Bank had acknowledged FDR and had accounted for interest payable thereon but instead of releasing maturity proceeds in favour of appellant, it had set up a subsequent contract of pledge of that FDR for according overdraft..........
Criminal trial -- Mediation settlement would not absolve accused of his criminal liability...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Rectifying an inadvertent error by recalling relevant portion of order does not amount to exercising power of review, rather constitutes a legitimate exercise of Court's inherent authority to correct accidental or clerical mistakes in order to prevent miscarriage of justice...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Recall does not involve a re-evaluation of merits of case nor does it amount to a judicial reconsideration of conclusions previously arrived at - Rather, it is invoked in circumstances where order of Court has been affected by an inadvertent procedural irregularity, accidental omission, clerical lapse or..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Exercise of recall does not partake the character of appellate or review jurisdiction - Rather, it constitutes a limited corrective authority inherent in every Court of record enabling it to rectify accidental errors and procedural aberrations so that judicial record may accurately mirror the true..........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Power to declare an accused as absconding is not merely administrative in character but is imbued with serious legal consequences and therefore its invocation must be preceded by demonstrable adherence to safeguards envisaged under Cr.P.C...........
