Criminal Procedure Code, 1973, Section 439, 441 -- Bail - Surety conditions - Court should examine socio economic conditions of a prisoner while fixing surety conditions - Such conditions should not be fixed which cannot be satisfied by prisoner on account of his destitute circumstances or conditions of want or deprivation faced by him - Onerous or arbitrary conditions..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of investigation commissioner - Right of pre-emption - Pre-emptor in the case has simply to prove that he was an adjacent owner - Such proof could easily be accomplished on the basis of respective title deeds, mouza map, record of right, land plan annexed to deeds etc. - Local features of the plots would hardly be..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 354, 323, 313, 34 -- Anticipatory bail - Cruelty - Allegations against parents-in-law regarding cruelty and dowry demand not proved, as complainant left the matrimonial home and complaint filed after a gap of almost one year - Documents placed on record reveal that no list qua articles..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No case of prosecution that any of condition so stipulated while granting bail has been violated or there has been infraction of any of conditions so imposed - In the absence of there being a strong prima facie case on the conditions of bail having been violated, it would not be appropriate for said..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is the registered owner of vehicle and is not one of co-accused - Trial Court while dismissing the application has missed said vital aspect - Impugned order set aside - Matter remanded for fresh decision...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rejection of application - Appeal - Maintainability - Appeal was filed on 28.06.2023 and order for issuance or proclamation u/s 82 Cr.P.C. was passed on 11.08.2023 - In between, there was no interim order restraining coercive measure against the accused by Court - Appeal against order of rejection of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - If a wife had maintained silence in order to save her marital life and did not lodge report, then her silence for noble cause should not be considered against her by holding that FIR was lodged by way of counter blast to divorce petition - Petition for quashing dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dominus litis - This principle does not apply when presence of a party before Court may be necessary in order to enable it to effectually and completely adjudicate and settle all the questions involved in the suit...........
Criminal Procedure Code, 1973, Section 299 -- Recording of evidence in the absence of accused - In the event, an order u/s 299 Cr.P.C is passed, deposition of any witness taken in the absence of an accused may be used against him if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without any amount of delay,..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Summoning of accused - Allegations in the complaint have been found to be supported in the statement made on oath by complainant during the course of examination u/s 200 Cr.P.C and also by statements of witnesses recorded during the course of inquiry made by Magistrate u/s 202 Cr.P.C - Order of summoning..........
