Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Court at the stage of framing of charge is not required to meticulously weigh evidence and the prima facie view of the matter is to be taken into consideration - If criminal Court on consideration of the material on record finds that prima facie case is made out and/or grave suspicion exists about..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 186, 353, 307, 482, 34, Arms Act, 1959, Section 27 -- Framing of charge - Offence u/ss 186, 353, 307, 482, 34 IPC and S.27 Arms Act - As prosecution has failed to record statement of any police official that after surrender and arrest of petitioner in Court, he was identified by them as the person..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence - Offence u/ss 8, 25 of NDPS Act - Evidence with respect to sealing of samples, keeping them in Malkhana, sending them for FSL examination and also keeping in safe custody all articles seized under NDPS Act, would ipso facto reveal..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband cannot be permitted to plead that he is unable to maintain wife due to financial constraints as long as he is capable of earning...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - No regular source of income of husband - However husband earning from music programmes and also helping his father economically - Award of maintenance of Rs.4000/- per month not excessive in the present scenario...........
Criminal Procedure Code, 1973, Section 449 -- Forfeiture bond - Passport of appellant was taken into possession during investigation - Investigating Officer punched the passport, however, when it was returned, it was in punched condition - After obtaining permission for going abroad, appellant visited Australia and appellant overstayed in Australia and returned and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Quashing of complaint - Notice - Plea of non service of notice - Complainant produced certain documents to show that such notice was sent by registered post in the given address and service of same is authenticated by postal department - Moreover, Court cannot..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 324, 325, 148, 149, 506, 427 -- Anticipatory bail - Offence u/ss 452, 324, 325, 148, 149, 506, 427 IPC - Petitioner is attributed a `simple injury' only and it is not a case that a large number of injuries have been caused to complainant - Bail granted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proof of valid marriage - Strict standard of proof of marriage is not necessary in proceedings u/s 125 Cr.P.C. - When parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance u/s 125 Cr.P.C. - In the instant case parties resided together..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Scope of inquiry u/s 202 Cr.P.C is extremely restricted only to finding out truth or otherwise of allegations made in complaint in order to determine whether process should be issued or not u/s 204 Cr.P.C or whether complaint should be dismissed by resorting to S.203 Cr.P.C on the footing that there is..........
