Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Murder case - High Court decided the appeal on the same day on which advocate was appointed - Advocate appointed to represent accused thus, was not granted even a reasonable time to prepare herself - Impugned order set aside - Matter remanded for consideration afresh...........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power u/s 323 Cr.P.C may be invoked by Magistrate at any stage of proceeding prior to signing of judgment...........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power u/s 323 Cr.P.C may be invoked even after deposition or examination-in-chief of a witness - Key requirement is that Magistrate must feel that case is one which ought to be tried by Court of Sessions...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Seeking formal permission from Court to make further investigation and to inform Court is desirable not mandatory - There cannot be any fetter on power of police to further investigate u/s 173(8) of Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Evidence produced by accused has no bearing on the merits of case - Accused even cannot deny the fact that though defence evidence was closed by trial Court but revisional Court granted three opportunities to accused to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance awarded to wife is around 20% of income estimated by Court below is based on facts - No interference warranted in it - Court below rightly directed that amount paid by husband towards interim maintenance will be liable to be set off from the arrears of maintenance - However, keeping..........
Criminal Procedure Code, 1973, Section 125, 482, Family Courts Act, 1984, Section 19 -- Maintenance - Order of maintenance passed by Family Court cannot be quashed u/s 482 Cr.P.C. as it is only Revision which lies thereagainst...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 102 kg 950 gms Ganja - Accused is a first offender and he is in custody for more than three years - Trial of case is lingering because of apathy of State - There is no chance of absconding of accused, as his home and hearth is within..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of cheque - Issuance of two cheques on purchase of product on credit - Two notices issued but single complaint filed - Offences that are committed as part of the same transaction can be tried jointly as per law laid down by Supreme Court wherein it is held that where..........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclamation - Guidelines issued by High Court vide its impugned order with respect to manner of issuing proclamations u/ss 82, 83 Cr.P.C is set aside, as High Court has inadvertently or otherwise entirely overlooked Form 5 and 6 and important provisions of Cr.P.C i.e Ss.83, 174-A IPC...........
