Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Maintenance allowance granted in previous proceeding is permissible in a subsequent proceeding filed even under different statue but substantially for same relief -..........
Criminal Procedure Code, 1973, Section 406(2) -- Transfer of a case - Party interested - State being a prosecuting agency in criminal administration, can be considered as a `party interested' within meaning of S.406(2) Cr.P.C - Petition filed u/s 406(2) Cr.P.C, at the instance of State is maintainable...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Case is at the stage of investigation - In absence of filing final report, no case is made out for transfer of case u/s 406 Cr.P.C...........
Indian Penal Code, 1860, Section 304I, Arms Act, 1959, Section 25, 27 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Plea raised by prosecution first time during trial that accused was bearing torch in his hand and in the light of torch he had verified identity of deceased and he opened fire with gun on account of illicit relations of deceased with the wife of..........
Indian Penal Code, 1860, Section 304I, 100, Arms Act, 1959, Section 25, 27, Evidence Act, 1872, Section 105 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Right of private defence - Plea of self defence never raised in statement u/s 313 Cr.P.C of accused nor same elucidated to PWs during cross-examination on behalf of accused by defence counsel - Even no evidence has..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Where allegations made in FIR or complaint even if they are taken on their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against accused, FIR is liable to be quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 328, 506 -- Bail - Rape - Allegation against father-in-law that he after giving some tablets which made prosecutrix unconscious did a wrong act with her and made objectionable videos and clicked her photographs - Issue with regard to contradiction of statement u/s 164 Cr.P.C and deposition..........
Criminal Procedure Code, 1973, Section 91, 311 -- Summoning to produce documents such as bank statement of accused - Application rejected on the ground that complainant should obtain these documents through RTI - Application under RTI Act was rejected by Bank - Documents in question necessary to prove case of complainant - No prejudice will be caused to accused due to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 148, 149 -- Anticipatory bail - Offence u/ss 323, 452, 148, 149 IPC - Allegation that 12 persons entered the house of complainant at about 8.15 pm armed with dangs, lathis, baseballs and spades in threatening, intimidating and inflicted injuries on complainant and on other family members..........
Criminal Procedure Code, 1973, Section 154, Prevention of Corruption Act, 1988, Section 13(1)(e) -- Pre FIR stage enquiry - Offence u/s 13(1)(e) of the Act - Pre FIR stage enquiry is not only permissible but desirable, more particularly in cases where allegations are of misconduct of corrupt practice acquiring assets/properties disproportionate to his known sources of..........
