Criminal Procedure Code, 1973, Section 161 -- Statement of PWs u/s 161 Cr.P.C - Murder case - PW2 and PW3 are witnesses of fact, who have been examined as eye witnesses by prosecution - However, both these witnesses turned hostile and denied their statements so given to I.O - Prosecution placed on reliance on what they stated u/s 161 Cr.P.C and as such statement can be..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 380, 411 -- Delay in lodging FIR - FIR lodged after lapse of about 15 hours from alleged time of incident - Explanation for such delay in lodging FIR is that informant had gone to some relative - Informant however, stated that he got FIR inscribed by one `S' at 4 P.M next day from the date of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8 -- Bail - Kidnapping and rape - Victim left home of her parents secretly with her belongings by her own will and she had surrendered to physical desires of accused out of her love and affection for him - It is not the..........
Criminal Procedure Code, 1973, Section 401(2) -- Revision - Right of hearing provided to accused or other person in terms of S.401(2) Cr.P.C if order is passed to their prejudice - This would also therefore mean that where a culpability if shifted from one accused to another, on a revision filed by former, later will also have a right of hearing...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 421, Insolvency and Bankruptcy Code, 2016, Section 238 -- Dishonour of cheque - Company - Application u/s 7 of Insolvency and Bankruptcy Code, 2016 accepted - Recovery of fine - Post conviction recovery of fine/compensation from assets of corporate debtor will have to be in terms of..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Averments made in application and material, if any, in support thereof, if disclose cognizable offence then Magistrate should order registration of FIR and investigation by police - In such a case aggrieved person should not be compelled to collect and produce evidence at his cost to treat..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Report from police station concerned - If from such report no prima facie case is made against the opposite party, Magistrate is not bound to order for registration of case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Cheating - Accused have taken a sum of Rs.8 lacs from complainant for purpose of sending son of complainant abroad - However, receipt and one agreement relied upon by complainant is disputed by accused - Even otherwise, contention that accused had undertaken to pay money..........
Criminal Procedure Code, 1973, Section 125, 407 -- Maintenance petition by wife - Transfer of petition - Petition filed by wife at Amritsar - Wife an Advocate by professional and she a member of District Bar Association, Amritsar - Grievance of husband is that no lawyer is accepting his brief - Husband and his counsel were threatened by Advocates representing wife -..........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Maintenance - Default in payment - Issuance of no, bailable warrants - Magistrate has no jurisdiction to issue warrant of arrest straight way against husband liable for payment of maintenance allowance in event of no, payment of maintenance allowance within time fixed by Court without first levying amount due as fine..........
