Civil Procedure Code, 1908, Order 13, Rule 10 -- Summoning of record of criminal case - Categorical observation of Court below while allowing application that documents in question were not in control of plaintiff and therefore, concerned Court required the said documents for appropriate adjudication of suit, seems to be well justified - No interference warranted in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25, 15, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Prolonged custody - Offence u/ss 8, 25, 15 of NDPS Act - Accused remained in custody for more than 5 years - Final hearing of appeals likely to take considerable time - Taking into account of prolonged..........
Criminal Procedure Code, 1973, Section 190, 482, Evidence Act, 1872, Section 25, Indian Penal Code, 1860, Section 407, 34 -- Confessional statement of co-accused before police - Admissibility - Offence u/ss 407, 34 IPC - No confession made to a police officer shall be proved as against accused of any offence - Confessional statement of co-accused before police held,..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of complaint - Maintainability - Complaint under the Act - Earlier also husband filed criminal miscellaneous petition challenging orders passed by Appellate Court by which they summoned to appear as well as order restraining husband from dispossessing..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Property dispute - Case based on documentary evidence - Civil proceedings between parties are pending - Petitioner in pursuance to notice of motion joined investigation - His custodial interrogation would not be warranted - Without going into merits of..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Dowry death - Cruelty - Demand of dowry - Quashing of proceedings - Jethani residing in another State whereas deceased committed suicide at the residence of her parents - She cannot be said to be beneficiary of dowry demanded, if any - In..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Serious offence - By itself not a ground to deny bail, if there are other overwhelming circumstances justifying grant of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 120B -- Bail - Murder of wife by husband - Cruelty - Material collected by CBI during investigation is documentary on basis of photographs which was to be tested during trial - Family members of deceased and some doctors who were close to family arrived after the incident and postmortem..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which maintenance payable - Failure to specify - Necessarily means that it is payable from date of order...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions - Husband cannot be allowed to shirk his responsibility of paying maintenance to his wife, minor child and parents by availing loans and paying EMIs thereon, which would lead to a reduction of his carry home salary, as such deductions cannot be deducted or excluded from his..........
