Criminal Procedure Code, 1973, Section 438 -- Second application for anticipatory bail - To be heard by same judge who had disposed of first bail application in case he is available...........
Criminal Procedure Code, 1973, Section 438 -- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed that accused is at liberty to..........
Criminal Procedure Code, 1973, Section 482, 362 -- Review/modification of order passed u/s 482 Cr.P.C. - Not permissible in view of specific bar u/s 362 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife can claim maintenance to meet out routine expenses - Such maintenance may also cover expenses incurred towards medical treatment - Obligation of husband to pay such expenses cannot be deferred...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Divorced wife continues to be wife for limited purpose of claiming maintenance allowance from her ex-husband within meaning of S.125(1) Explanation (b) Cr.P.C - Wife thus, entitled to maintenance under provisions of S.125 Cr.P.C - Plea of husband that divorce granted on account of desertion by..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 137 kg 300 gm opium - Accused has suffered incarceration of nearly 5 years - No other case for offence under NDPS Act is registered against him - Though, quantity of recovered opium is quit heavy, but indefinite/prolonged incarceration of an accused without trial cannot be permitted, more so, when prosecuting..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, 32 -- Right to life and liberty - Petition u/s 482 Cr.P.C. - Maintainability - For enforcement of fundamental rights, Constitution of India made separate provision u/art.226 of Constitution and u/art.32 of Constitution - Hence, petitioners have got direct and more efficacious remedy, by..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of complainant at appellate stage - Change of counsel in appeal by accused who felt that some more questions ought to have asked during cross examination of complainant - Not justified to recall complainant during course of appeal, more particularly when earlier counsel duly cross-examined complainant at the stage of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401, 394 -- Dishonour of cheque - Conviction - Appeal also dismissed - Revision - Death of accused during pendency of revision - Revision does not abate - Court can pass appropriate orders with regard to sentence of fine...........
Criminal Procedure Code, 1973, Section 154 -- FIR - FIR is not a substantive piece of evidence and its only purpose is to set criminal machinery in motion - FIR is often lodged in hurry and it may not contain minute and precise details of incident - FIR can be got registered by a person, who may not be an eye-witness of the same - It is only during investigation of the..........
