Criminal Procedure Code, 1973, Section 311A -- Specimen signatures - Power of Magistrate - Magistrate has power to issue directions u/s 311-A Cr.P.C to a person pending investigation of a crime to give specimen of his signature or handwriting if at no time he has been arrested in connection with said crime, as proviso to S.311-A Cr.P.C has to be restricted to case of an..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 61, 85 -- Bail - Recovery of 1.5 kg of heroin - Indictment of petitioner is on the basis of disclosure statement suffered by co-accused from whom recovery of contraband was effected - Even, petitioner was not travelling in the bus from where contraband was..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - Distinction between S.360 Cr.P.C and provisions under 1958 Act - Court is required to seek report from Probation Officer under 1958 Act before allowing an offender benefit of probation apart from satisfying other conditions - Whereas, there is no such..........
Criminal Procedure Code, 1973, Section 360 -- Benefit of probation - Provision of S.360 Cr.P.C is in addition to provisions of 1958 Act or Children Act or any other law for the time being in force for treatment, training or rehabilitation of youthful offenders...........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 325, 34 -- Benefit of probation - Offence u/ss 325, 34 IPC - Offence u/s 325 IPC is punishable for a term which may extend to seven years - Sentence imposed upon accused is of 1 year - Finding of High Court that S.360 Cr.P.C shall not have any application is misreading of bare provisions of Cr.P.C..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 341, 34, Arms Act, 1959, Section 25, 3 -- Cancellation of bail - Attempt to murder - Six other criminal cases were pending against petitioner at the time of granting bail - However, said fact not disclosed during course of arguments at the time of grant of bail - Bail cancelled...........
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order of deposit of 20% of amount of fine or compensation as awarded by trial Court - If lower Appellate Court has passed order of deposit of 20% of amount, then although..........
Protection of Women From Domestic Violence Act, 2005, Section 28, 32, 12, Protection of Women From Domestic Violence Rules, 2006, Rule 15(6), Criminal Procedure Code, 1973, Section 468 -- Domestic violence - Limitation - Complaint not filed within one year of the incident - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is working as teacher in a private reputed school - Claim of wife for grant of maintenance pendente lite already considered in application filed by her u/s 24 of Hindu Marriage Act - Maintenance rightly denied to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Husband is well established businessman - Sum of Rs.8000/- p.m as awarded to son is not on higher side more particularly when prices are rising everyday and cost of upbringing of a child including the medical expenses is quite expensive - Admission of a child in a reputed school of country is also a..........
