Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Cannot be denied to accused on ground of rejection of his application for regular bail earlier and on the ground of petitioner being habitual offender due to his involvement in other cases...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Default bail - Recovery of 10 intoxicant tablets of Alprazolam and 150 loose intoxicant tablets - Where total quantity recovered from possession of accused did not fall in category of commercial quantity, there was no justification to reject application..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Default bail - Recovery of 10 intoxicant tablets of Alprazolam and 150 loose intoxicant tablets - Non-commercial quantity - Report u/s 173(2) Cr.P.C was not filed by police within period of 60 days - On expiry of period of 60 days indefeasible right to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 55 gms intoxicating powder jointly from petitioners - In case petitioners are released on bail, there is no likelihood that they will tamper with the evidence or influence the witnesses or that they may repeat the offence particularly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order - Wife was expelled from her matrimonial house and she is unable to maintain herself and is dependent upon her mother - Whereas, husband gets salary of Rs.55,540 pm - On oath statement of wife and her mother are uncontroverted - Husband did not opt to contest the case, as he did not adduce..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Accused cannot be convicted solely on basis of statement u/s 313 Cr.P.C, unless there are some corroborating evidence led by prosecution to that extent...........
Criminal Procedure Code, 1973, Section 145(1) -- Proceedings u/s 145(1) Cr.P.C - Property in question is of religious endowment - It is not a property of either of party, as it is dedicated to almighty - Hence no question of dispute regarding ownership or possession of property is there - Dispute is only regarding office of management of society - However, Magistrate in..........
Criminal Procedure Code, 1973, Section 146(1) -- Order of attachment - Parties appeared before Magistrate, they filed their reply and documents in support of their contentions - However, what were documents, how it was appreciated, what questions were involved, how it was appreciated, what questions were involved, what were facts of documents, what were contentions of..........
Criminal Procedure Code, 1973, Section 145(1), 146(1) -- Orders u/ss 145(1), 146(1) Cr.P.C - Dispute is only regarding office of management of society - Such dispute can never be held as a dispute regarding ownership and possession of immovable property - Assistant Registrar has authority to decide the dispute regarding management of office society - However, Magistrate..........
Indian Penal Code, 1860, Section 307, 498A, 323, 324, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence u/ss 307, 498-A, 323, 324 IPC - Injuries sustained in almost every part of body that too by blunt object and sharp edged weapon - Compounding of such heinous offence will be against ends of justice and it will be detriment to..........
