Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Proceedings U.O.39.R.2-A CPC are akin to contempt proceedings and are quasi criminal in nature - Higher degree of proof is required for holding guilty of violating order of temporary injunction...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prosecutrix disclosed her age to be about 30 years - She admitted to have had continued physical relationship with accused for several years on the hope of marriage - Moreover, accused is not having any criminal history - There is no likelihood of early conclusion of trial -..........
Indian Penal Code, 1860, Section 376D, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Gang rape - Victim was dragged inside the room and on the point of pistol she was subjugated and coerced and then rape was committed consecutively by accused persons - In such a state of horror to which victim was subjected there should hardly be any expectation that she would..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 391 -- Dishonour of cheque - Additional evidence at belated stage - Additional evidence at belated stage is permissible but such power is to be exercised sparingly and only in exceptional cases in the interest of justice...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of maintenance from date of application - Court is not obligated to record any special reason for awarding maintenance from date of application - However, reasons must indeed be recorded...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife - Enhancement - Effective date - Wife entered witness box and brought on record circumstances which justified enhancement of maintenance - Circumstances existed as on date of application - Husband did not step into witness box in rebuttal - No infirmity in impugned order of awarding enhanced maintenance..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Offence u/ss 366, 376(2)(g) IPC - Complainant and prosecutrix belong to rural background, therefore, delay in lodging of FIR cannot be considered to be ground so as to give benefit to accused...........
Arms Act, 1959, Section 17, Criminal Procedure Code, 1973, Section 482 -- Suspension of arms license - Quashing of order - Merely because accused was involved in criminal case his arms license could not be suspended, particularly when said criminal case was not registered under the provisions of Arms Act - Moreover, conviction of petitioner already reduced to period..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Age of prosecutrix found to be above 18 years - Prosecutrix had gone along with accused willfully and remained with him for weeks together with her consent - Prima facie case of bail is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Compliant not filed by payee or holder in due course - Demand not made by payee or holder in due course - Basic ingredients of S.138 of the Act not satisfied - Accused discharged...........
