Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Not inseparable from plea of maintainability of petition - Interim maintenance can be granted only after determination of maintainability of petition u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Object - It is with the object that there may not be failure of justice on account of mistake of either party in bringing valuable evidence on record or leaving ambiguity in statements of witnesses examined from either side - Therefore, it is not only prerogative but also duty of Court to examine such witnesses as it considers..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137 -- Dishonour of cheque - Dismissal of application u/ss 145(2) of NI Act and 311 Cr.P.C. - Means obstruction in bringing out evidence on record - Court is duty bound to allow cross-examination of witness whose examination-in-chief has already..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 324, 341 -- Compounding of offence - Offence u/ss 323, 324, 341 IPC - All the offences are compoundable in nature and thus, can be compounded even at appellate/revisional stage - Accused acquitted of charge u/ss 324, 341 IPC in view of compromise...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307 -- Compounding of offence - Offence u/s 307 IPC - Once a person is convicted u/s 307 IPC, he cannot be acquitted on the basis of compromise - Offence u/s 307 IPC is no, compoundable...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307 -- Compounding of offence - Offence u/s 307 IPC - Non-compoundable offence - Where offence is no, compoundable and parties have come to a compromise then factum of compromise can always be considered while determining question of sentence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Criminal Procedure Code, 1973, Section 389 -- Recovery of 54 kg poppy husk - Suspension of sentence during pendency of appeal - Applicant would have a debatable issue to be argued at the time of hearing of appeal both on question of sentence as well as on question of conviction u/s 29 of NDPS Act -..........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C. - To conduct fair and impartial investigation - When person who has been arraigned as accused points out that investigation is being done because of extraneous influence or is malafide or biased or tainted one and extraordinary case of gross abuse of power by investigating officer is made out, only then..........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C. - Seeking direction to police to conduct fair and impartial investigation - Where allegations against I.O. are made and same are found to be proved, only then Court can interfere with investigation u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Court in exercise of powers u/s 482 Cr.P.C. cannot direct police to investigate case from particular point of view...........
