Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance u/s 125 Cr.P.C can be claimed by a person irrespective of belonging to any religious community - Object to said section is to provide immediate relief to an applicant...........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband seeking divorce from wife on ground of adultery which is pending consideration - He failed to establish allegation of adultery made against wife in terms of sub-section (4) of S.125 Cr.P.C. - Maintenance rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Madhya Pradesh Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006, Rule 18 -- Offence u/ss 379, 414 IPC, Ss.4/21 of Mines & Minerals (Development & Regulation) Act, 1957 & Rule 18 of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Counsel for accused as well as Magistrate ought to inform accused of availability of indefeasible right u/s 167(2) Cr.P.C, once it accrues to him, without any delay, especially where accused is from an underprivileged section of society...........
Criminal Procedure Code, 1973, Section 85 -- Release of attached property - Vesting of property with State government u/s 85(2) Cr.P.C should be understood not as complete, but as an enabling provision for purpose of selling property as envisaged under said section till expiry of 2 years mentioned in S.85(3) Cr.P.C and it may become absolute only on expiry of two years -..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29 -- Anticipatory bail - Contraband - Quantity recovered from possession of accused is commercial quantity - However, Court below while granting bail to accused does not refer to S.37 of NDPS Act and did not record satisfaction with regard to conditions..........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Changed circumstances - If trial Court in order to ascertain as to under what penal section charges should be framed against applicant, has made certain observations with regard to conduct of I.O of case, same could not provide any new ground to applicant for purpose of releasing him on bail...........
Criminal Procedure Code, 1973, Section 164 -- Provision of S.164 of Code is divided in two parts, one with regard to "confession" which is found in sub-sections (1) to (4) and the other is with regard to "statement" (other than confession), which is referred to in sub-section (5) thereof - S.164(6) provides that Magistrate recording a confession or statement under this..........
