Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 417, 418, 381, 408, 120B, 34 -- Interim bail - Cheating - Allegations made against petitioners are serious in nature, more so, conduct of petitioners have been portrayed as on defying due course of justice by indulging in activities which are contrary to law - Though, allegations are yet to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Violation of bail condition - Accused applied for employment/residence visa - Accused-1 obeyed condition-1 of bail order by surrendering his passport and thereafter got his passport released for short visit to Dubai by filling application before Trial Court and subsequently re-surrendered his passport..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order - Cancellation of bail - Violation of bail condition - Accused 2 and 3 violated condition-1 of bail order by not surrendering their passports before jurisdictional court - Even, accused 2 violated second part of condition no:1 of bail order by going abroad without permission of Court - Cancellation of..........
Criminal Procedure Code, 1973, Section 482, 439(2) -- Quashing of order - Cancellation of bail - Magistrate cancelled bail granted by HC u/s 439 Cr.P.C - However, bail order specifically provided, in case of violation of bail conditions, prosecution can move for cancellation of bail before Jurisdictional Court - Though application was filled by quoting S.439(2) Cr.P.C,..........
Criminal Procedure Code, 1973, Section 362 -- Review - Criminal Court does not have power to review its own orders...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court cannot grant compensation to accused for wrongful confinement in a bail application u/s 439 Cr.P.C, as jurisdiction conferred upon a Court u/s 439 Cr.P.C is limited to grant or refusal of bail pending trial...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An application u/s 311 Cr.P.C must not be allowed only to fill up lacunas in the case of prosecution, or of defence or to give an unfair advantage to opposite party...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Complainant had been cross-examined at length and petitioner had been afforded sufficient opportunities to lead his evidence - Petitioner had failed to establish as to how re-examination of complainant was going to the root of..........
Criminal Procedure Code, 1973, Section 125 -- Evidence without pleading cannot be taken into account...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Muslim wife is entitled to get maintenance from her husband during subsistence of her marriage u/s 125 Cr.P.C, if she is unable to maintain herself - Even after divorce, she is entitled to get maintenance from her former husband u/s 125 Cr.P.C. if she is unable to maintain herself despite payment of..........