Criminal Procedure Code, 1973, Section 100(4), Indian Penal Code, 1860, Section 302, 392, 420, 201, 34 -- Recovery of jeep - Non-following of provision of S.100(4) Cr.P.C - Murder case - I.O received a secret information that one jeep is lying in abandoned condition - He recovered the jeep but I.O did not comply with provisions of S.100(4) Cr.P.C - Non-following of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 406, 34 -- Bail - Dowry death - Deceased died unnatural death within 3 years of her marriage - There are categoric averments regarding demand of dowry from complainant and ill treatment of deceased by her in-laws - Issue as to cause of death is a question which trial Court will determine at..........
Evidence Act, 1872, Section 73, Criminal Procedure Code, 1973, Section 311A -- Difference between S.73 of Evidence Act and S.311-A Cr.P.C - S.73 of Evidence Act, empowers Court in all kinds of matters, civil as well as criminal to direct any person to give specimen handwriting/signatures and to compare the same in the matter being adjudicated by said Court - Whereas,..........
Criminal Procedure Code, 1973, Section 311A, Proviso -- Specimen signatures - Comparison of signatures of accused appended on cheque - Complaint u/s 138 of N. I Act - Accused has to be considered to have been arrested by executing officer in connection with proceeding pending before Court, at the time of execution of bailable warrants - Thereafter, accused appeared,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 323, 504, 506, 406 -- Quashing of proceedings - Cheating - Allegation that husband of complainant was duped by committing fraud by accused thereby Tractor was sold by way of hypothecation with Bank was held to be with material defects - PWs categorically said that all accused in..........
Indian Penal Code, 1860, Section 420, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Agreement to sell flat executed between parties - Dispute between parties is purely of civil in nature - It has no element of criminality - Continuation of proceedings is nothing but abuse of process of law - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 409, 465, 466, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d) -- Bail - Cheating - Misappropriation of scholarship funds on large scale - 22 educational institutes are involved in one FIR - CBI has already conducted searches at 22 private educational..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 201, 120B -- Bail - Cheating - Several criminal cases including private complaints u/s 138 of N.I. Act is registered against accused - No case of grant of bail to accused in such cases is made out - Even in four FIRs accused declared P.O - Apprehension of State that if accused is granted..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Director - Quashing of proceedings - High Court while entertaining a petition for quashing shall not consider defence of accused or conduct a roving inquiry in respect to merits of accusations but if documents filed by accused are..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized under NDPS Act - Merely because vehicle was used to carry narcotic substance and same is seized under the Act, cannot be termed to be a ground for declining release of vehicle on sapurdari - Vehicle released on..........
