Dowry Prohibition Act, 1961, Section 3, 4(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Dowry demand - Matter was investigated and charge sheet was filed - Court below took cognizance after applying its legal mind - While taking cognizance of offence, Magistrate or Court concerned is not obliged to give detailed reasons for its satisfaction -..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Right to summon documents has to be exercised when trial is in progress and not when trial is completed including after statement of accused u/s 313 Cr.P.C has been recorded...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Where plaintiff while withdrawing earlier suit obtains permission of Court to file fresh suit for comprehensive relief, subsequent suit will not be barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action in earlier suit and subsequent suit same - In the earlier suit, plaintiff intentionally relinquished a portion of his claim - Held, plaintiff would not be entitled to sue subsequently in respect of portion of his claim so omitted or relinquished...........
Criminal Procedure Code, 1973, Section 360, 361, Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - If Court chooses not to apply either of S.360 Cr.P.C or Ss.3, 4 of P.O. Act, it is required to give special reasons for not applying beneficial provision in case accused offender otherwise, is eligible for said provisions...........
Criminal Procedure Code, 1973, Section 439, 167(2)(a)(i) -- Second bail application - Maintainability - First bail application u/s 167(2)(a)(i) Cr.P.C is rejected by Magistrate - Revision would lie before District Judge against such an order passed u/s 167(2)(a)(i) Cr.P.C - Application u/s 439 Cr.P.C would not be maintainable against such an order - Second bail application..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 452, 120B -- Cancellation of bail - Murder - Prima facie material against accused is on record - Mere examination of wife of deceased cannot be considered as a change in circumstance for High Court to consider fourth bail application of accused and enlarged him on bail - Bail granted to..........
Criminal Procedure Code, 1973, Section 111 -- Preliminary order u/s 111 Cr.P.C - Without giving reasonable opportunity to petitioner - Petitioner is a History Sheeted Rowdy and he breached the conditions and committed the offence u/ss 204(b), 323, 341, 506(2) IPC - Even, after executing bond, petitioner involved in another criminal case - Magistrate after conducting..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - First date of remand is to be excluded and last date of remand is to be included - Last day Sunday or holiday will be included in computing statutory period for default bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Default bail is indefeasible right of accused - Same cannot be defeated by prosecution by subsequent filing of charge-sheet...........
