Criminal Procedure Code, 1973, Section 125 -- Interim maintenance u/s 125 Cr.P.C. - Application for interim maintenance u/s 125 Cr.P.C. for the same period for which interim maintenance has been awarded under Domestic Violence Act is maintainable - However, Court would bear in mind the interim maintenance awarded in other proceeding while considering merits of application...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 27A, Indian Penal Code, 1860, Section 420, 379, 411 -- Second bail application - Contraband - Accused though involved in three more FIRs, but he is on bail in all three cases - He is in judicial custody for last more than 1 year and 4 months - Moreover, charges..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 4 -- Bail - Dowry death - Dying declaration of deceased recorded by Medical Officer indicates that no one was present with deceased when incident occurred and that Kerosene jerrycane fell over gas and caught fire - This has been further..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Presumption - Conviction by trial Court - Acquittal by appellate Court - Notice issued and sent under UCP was served on accused and he has not given any reply though admitting that address mentioned in registered postal covers are correct - Even, evidence..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61 -- Bail - Offence u/ss 22, 61 NDPS Act - Recovery of 6950 tablets of clovidol 100 SR - Due to COVID-19 situation, trial is not progressing and even the charges have not been framed - Petitioner is in custody for last 01 years, 02 months and 22 days - Interim..........
Indian Penal Code, 1860, Section 499, 500, 501, Criminal Procedure Code, 1973, Section 199 -- Defamation - Complaint for defamation is maintainable only at the instance of `Person aggrieved'...........
Indian Penal Code, 1860, Section 499, 500, 501, Criminal Procedure Code, 1973, Section 199 -- Defamation - `Aggrieved person' - Complainant who is not a `family member' or a `near relative' of person against whom defamatory statements were made, cannot unilaterally assume unto himself status of a `aggrieved person', whereby he can assert that his feelings were hurt and..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Cannot be curtailed by existence of an alternative remedy of revision u/s 397 Cr.P.C...........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - While granting bail conditions imposed should not be stringent but should be reasonable, otherwise it would amount to denial of bail and further amount to denial and deprivation of personal liberty of accused violating his constitutional right guaranteed u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 437, 482, Indian Penal Code, 1860, Section 420, 34 -- Bail - Condition of furnishing bank guarantee of Rs.2 lakh - Cheating - Accused is a small agriculturist, yet stringent and onerous condition of furnishing bank guarantee of Rs.2 lakh was imposed by Magistrate though has partly been modified by revisional Court from Rs.2 lakh to 1..........
