Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 431 -- Dishonour of cheque - Compromise in Lok Adalat - Default in payment - Award of Lok Adalat can be executed as a Civil decree or as per provision of S.431 Cr.P.C. depending on terms contained in the compromise - If there is a term agreed that the complainant can enforce the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 165 gms charas and four bottles of liquor - Petitioner is only a drug addict and not a drug peddler - He is permanent resident of the place and neither in a position to tamper with prosecution evidence nor in a position to flee from justice -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17(c), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against conviction - Offence u/s 17(c) of NDPS Act - Appeal is of the year 2019 and due to practical reasons appeal cannot be taken up in near future and disposed of expeditiously - Petitioner is suffering from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband who is holding diploma in electronics, cannot be assessed less than Rs.15,000 pm, as even a daily wager is earning more than Rs.15,000 pm - Maintenance @ Rs.4000 pm to wife and child rightly awarded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Interim bail - Contraband - Bail sought on the ground that wife of accused is to undergo gynae surgery - It is a major surgery and support of accused would be necessary - State counsel submits that there is nothing adverse against accused so far as his conduct -..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Cheating - Allegation that petitioners being upper grade clerks prepared mark sheets by forging father's name of a person - However, these things would require proper trial to be conducted on basis of..........
Criminal Procedure Code, 1973, Section 436 -- Bail - Bailable offences - Bail can be claimed as of right - There is no question of discretion in granting bail - Bail can be refused only under the circumstances mentioned in S.436(2) of the Code...........
Criminal Procedure Code, 1973, Section 436 -- Bail - Bailable offences - It is illegal and improper to direct accused to surrender his passport before Court as a condition for granting him bail...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court in exercise of inherent power u/s 482 Cr.P.C is not expected to embark upon factual matrix of case...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 120B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Accusation as apparent from statement of victim is of heinous offence - Therefore, there seems to be no element or likelihood of compromise - There was poisonous substance in the..........
