Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Presence of accused or filing of compounding petition need not be insisted by Criminal Courts, if matter is amicably settled between parties and in cases wherein presence of accused could not be secured or could be secured only..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Once counsel for complainant files a statement stating that complainant has received the amount, nothing further remains to be adjudicated in the matter, parties can be allowed to compound the matter...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - When parties to lis in a prosecution u/s 138 of the Act had arrived at a compromise, usual and normal method is to file a compounding petition either u/s 320 Cr.P.C or u/s 147 of N.I. Act or both...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Old age of accused and long lapse of time from the commission of offence can always be a ground available to give some priority to appeals against conviction of accused on bail...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Where accused are on bail and especially where a life sentence has been imposed are heard after a decade or more from its filing and if appeal is dismissed, it is desirable that such appeals should be given priority...........
Criminal Procedure Code, 1973, Section 441 -- Bail bonds - Bail/surety bonds are executed to ensure the presence of accused whenever required by Court and not as a guarantee for the fine amount or amount sought to be realised...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against relatives of husband - No substantial and specific allegations made against petitioner other than stating that they instigated accused No.1 in harassing complainant by demanding more dowry - Reason for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Wife is entitled to seek maintenance from her husband as a divorcee till her remarriage, even if she has been found guilty of matrimonial offence of desertion in decree of divorce and is disentitled to seek maintenance u/s 125 Cr.P.C during subsistence of her marriage - Decree of divorce passed..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Educated wife - Deliberate attempt to remain unemployed - Mere assertion of job seeking without corroborative evidence is insufficient to establish genuine efforts at self sufficiency - In the instant case there is prima facie evidence suggesting deliberate avoidance of employment by wife - Interim..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Educated wife - A well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband - Interim maintenance rightly denied to wife...........
