Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Appellate Court in acquittal appeal is not required to rewrite the judgment or to give fresh reasoning, when reasons assigned by Court below are found to be just and proper...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - It is nature of transaction which is to be considered and not that nature of accusation is arising out of a business transaction...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Absconder/proclaimed offender in terms of S.82 Cr.P.C is not entitled to anticipatory bail...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - In the application u/s 311 Cr.P.C. party seeking attendance of new witness needs to plead with accuracy and precision why expert witness must be summoned - Failure to plead necessary ingredients for invoking power u/s 311 Cr.P.C. - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - Merely because it is pleaded that "in the interest of justice" and "for lawful adjudication of matter" scientific expert should be summoned, it is not obligatory on the part of Court to summon said witness unless it is established with accuracy and precision that new..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 29, 60(3), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 349.250 kg Ganja - Keeping in view nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused,..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations made in FIR had an overwhelming and predominating civil flavor - Complainant already settled his score with main accused against whom proceedings have already been closed - There remains no justification to continue proceedings against..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence under NDPS Act - Non filing of FSL report with challan - Default bail granted...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Anticipatory bail - Offence u/s 3(1)(x) of SC/ST Act - FIR registered by three complainants who are not victims as per S.2(1)(ec) of SC/ST Act is not maintainable - Anticipatory bail granted to accused...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary enquiry before registration of an FIR in corruption cases - Not mandatory in all cases...........
