Criminal Procedure Code, 1973, Section 173(8), 2(d), 190 -- Supplementary complaint - Cognizance of offence - Cognizance is taken of offence, not offender - Since no new offence is made out from additional material collected during further investigation, supporting an earlier offence on which cognizance has already been taken or additional accused are arrayed, no further..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Supplementary complaint - No cognizance was taken by Special Court on supplementary complaint - Bail application heard on the date before custody of petitioner became legal - Moreover, petitioner was remanded to judicial custody till 11-8-17 and said date was not noted by Court but by reader of Court which..........
Wakf Act, 1995, Section 83(9) -- Any order passed by Tribunal on any application filed under Waqf Act by one party and objected by other party can be challenged in revision before High Court...........
Wakf Act, 1995, Section 83(9) -- Order passed on application U.O.6.R.17 CPC filed in waqf suit - When specific alternative mode of redressal is provided to challenge order passed on application U.O.6.R.17 CPC, Court is not inclined to exercise supervisory jurisdiction under Art.227 of Constitution to examine legality or correctness of that order under law - Therefore,..........
Criminal Procedure Code, 1973, Section 389, 354, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Suspension of sentence during pendency of appeal against conviction - Stony silence regarding reasons in judgment and conclusion suffering from total non application of mind and material evidence on record over looked - Order of conviction stayed/suspended during..........
Constitution of India, 1950, Article 25 -- Change of religion - Production of certificate - Government cannot insist for production of any certificate from any authorised institution for acting upon any request made by citizen for declaring change of his religion, name as mandatory requirement - Government can conduct enquiry as to such declaration if so warranted through..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A -- Summoning of additional accused - Dowry death - Cruelty - Principle of `stare decisis' - Main accused husband of deceased acquitted on merit - No specific over act levelled against petitioners - Even no cinching evidence to presume that proceeding would culminate into conviction -..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Domestic incident report is not mandatory for passing order upon application u/s 12 of the Act, when it is being filed as complaint by aggrieved person...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Interim maintenance - Court below while passing order u/s 23 of the Act, considered all facts specifically regarding education, nourishment and transportation etc. - Order also containing clause that in case wife getting maintenance in any other proceedings, then same will be..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Merely because evidence is required to decide an application, Court could not refuse to decide the same - Impugned order set aside - Matter remitted...........
