Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused has not been able to rebut presumption u/s 139 of the Act - He has not denied his signatures in cheque - He does not deny fact that receipt was given by him which acknowledges a sum of Rs. 15,00,000/- was taken as loan - Moreover, mere ipse dixit of accused and statement in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorced wife is entitled to get maintenance till her remarriage if she is unable to maintain herself...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order declaring accused as proclaimed offender - If accused shows his sincere intention and desire to appear before Court, then it would not be unjustified to protect him from being arrested - Order declaring accused as proclaimed offender set..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 29, 37 -- Bail - On parity basis - Recovery of 61,000 bottles of 100 ml each of Phensedyl syrup containing codeine Phosphate - Commercial quantity recovered from accused - While granting bail to co-accused neither any reason has been recorded nor provision of S.37..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Statement of witnesses recorded during merg enquiry - Vital piece of evidence for defence of accused - Application allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape - Investigation of case is complete and challan stands presented - Custody of accused is not at all required by police - Statement of prosecutrix has been recorded by trial Court - Accused is neither in a position..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Statement of victim u/s 161 Cr.P.C is quite similar to version of complainant as stated in FIR and thereafter statement recorded by Magistrate has also no deviation from allegation of rape - Father of victim saw accused in torch light who ran away from spot - Statement of..........
Criminal Procedure Code, 1973, Section 102 -- FIR u/s 102 Cr.P.C. - S.102 Cr.P.C. is not an offence - Registration of crime u/s 102 Cr.P.C. itself is illegal - FIR quashed...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - When a convicted person is sentenced to a fixed period of sentence and appellate Court finds that due to practical reasons that appeal cannot be disposed of expeditiously, it can pass appopriate orders for suspension of sentence...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, 417 -- Suspension of sentence during pendency of appeal - Rape - False promise of marriage - Prosecutrix gave her consent to have sexual intercourse with accused - She had knowledge that accused had his wife, but separated - Prima facie nothing has been shown to Court to substantiate plea of..........
