Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 125, 399, 401 -- Order granting interim maintenance u/s 23 of PWDV Act and S.125 Cr.P.C. - Appeal u/s 29 of PWDV Act and revision u/ss 399, 401 Cr.P.C respectively is maintainable against said order and will be heard without any pre-condition of deposit of arrears..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420 -- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 320, 482 -- Cheating - Compounding of offence - Accused deposited the amount involved in alleged transaction - Complainant has no intention to proceed with prosecution, since he is getting his money - Since alleged offence is compoundable with permission of Court, accused permitted to move..........
Criminal Procedure Code, 1973, Section 54A -- (as amended in 2005), Evidence Act, 1872, S.9 - Test identification parade - S.54-A of Cr.P.C. confers express power on Court to order TIP at the request of prosecution - To ensure that correct person who committed the offence is identified at the earliest point of time so that investigation proceeds on correct line...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Quashing of complaint - Complainant paid certain amount to accused for securing a job for his son - But accused failed to secure the same - Accused issued a cheque of Rs.10 lacs which was dishonoured - Held, contract..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190 -- Dishonour of cheque - Cognizance of offence - Only for those offences, where allegations constitute offence the Magistrate is entitled to take cognizance and proceed with the matter - Otherwise, issuance of summons to accused virtually violates constitutional right of liberty..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 12, Indian Penal Code, 1860, Section 120B -- Anticipatory bail - Illegal gratification - Petitioner per se is not a public servant and is not alleged to have received any illegal gratification - Rather, petitioner alleged to have been part of a conspiracy with conversations..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property - Police has no power to seal immovable property u/s 102 Cr.P.C - Station House Officer of concerned Police Station directed to remove seal on immovable property of petitioner and vacate the premises after making inventory of articles which are lying in the shop - Directions issued...........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property - Word `seize' in S.102 Cr.P.C. mean only actual taking possession of movable property...........
Prevention of Corruption Act, 1988, Section 19, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 471 -- Sanction for prosecution - Cheating - Misappropriation of funds - Although investigation was conducted by CBI under the orders of High Court and charge sheet was also submitted, but competent authority did not grant..........
